United States v. Salvador Esqueda-Delgadillo

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Salvador ESQUEDA-DELGADILLO, Defendant-Appellant. No. 93-50273. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 16, 1993. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Esqueda-Delgadillo appeals his convictions following jury trial for importing marijuana in violation of 21 U.S.C. Secs. 952 , 960, and possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Esqueda-Delgadillo contends the district court erred by denying his motion for judgment of acquittal. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Esqueda-Delgadillo argues the government, proceeding under a theory of constructive possession, provided insufficient evidence to prove he had knowledge of the presence of the marijuana concealed under the truck he drove across the border. This…