John Howard Ketchum v. Charles Ryan, Warden Attorney General of the State of Arizona

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Howard KETCHUM, Petitioner-Appellant, v. Charles RYAN, Warden; Attorney General of the State of Arizona, Respondents-Appellees. No. 93-16401. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1994. * Decided July 8, 1994. 1 Before: WALLACE, Chief Judge, BROWNING, Circuit Judge, and TURRENTINE, ** District Judge. 2 MEMORANDUM *** I. 3 "A jury may infer the intent to distribute a controlled substance from quantity alone." United States v. Innie, 7 F.3d 840, 844 (9th Cir.1993). Ketchum was caught with over 31 grams of cocaine, enough for about 1,200 doses. The jury heard testimony that most narcotics consumers who purchase drugs for personal use buy one gram or less. In addition, the jury heard testimony from those who were with Ketchum when he was arrested that he owned all 31 grams of cocaine. On this evidence, a rational jury could infer Ketchum's intent to sell. 1 See United States v. Stewart,…