United States v. Robert Smith

MEMORANDUM

Appellant Robert Henry Smith (“Smith”) was convicted following a jury trial of conspiracy to distribute oxycodone in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C) and 846, four counts of distribution of oxycodone in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(C), and possession of oxycodone with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(C). He claims on appeal that there was insufficient evidence presented at trial to support his conviction for conspiracy to distribute. Because the facts are known to the parties, we recount them here only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We may only overturn the conviction if, viewing the evidence in the light most favorable to the government, no “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 448 U.S. 307 , 319, 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Challenges to the sufficiency of the evidence are ordinarily reviewed de novo. United States v. Stewart, 420 F.3d 1007, 1014 (9th Cir.2005). When a defendant, like Smith, fails to make a timely motion…