United States v. Earl Byers

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Earl BYERS, Defendant-Appellant. No. 92-10695. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Jan. 27, 1994. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Appellant Earl Byers appeals his conviction for various drug-related offenses, including conspiring to manufacture methamphetamine, in violation of 21 U.S.C. Sec. 846 , and using a firearm during a drug trafficking crime, in violation of 18 U.S.C. Sec. 924 (c)(1). I. 4 Byers claims that insufficient evidence existed on which a jury could convict him of violating 21 U.S.C. Sec. 846 and 18 U.S.C. Sec. 924 (c)(1). We review the sufficiency of the evidence to determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements…