United States v. John Hanoum

Appeal from the United States District Court for the Eastern District of California.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant John Hanoum was convicted after a jury trial of conspiring to manufacture and distribute methamphetamine, manufacturing and aiding and abetting the manufacture of methamphetamine, possession with intent to distribute methamphetamine, and the use of a firearm during and in relation to a drug trafficking crime, in violation of 21 U.S.C. §§ 846 & 841(a)(1), and 18 U.S.C. §§ 2 & 924(c)(1). We affirm.

In connection with his arrest, Hanoum was seen coming out of a building which was later found to house an operating methamphetamine laboratory (hereinafter “the lab”) on a Garden Valley property at the time officers were executing a search warrant on that property. He was wearing rubber boots and gloves, and methamphetamine traces were found on his clothing. Items belonging to Hanoum, including a pistol, were found inside the lab.

Trial of Hanoum and his codefendants was held jointly. Hanoum was represented by an attorney. Hanoum’s attorney at trial made no opening statement, but did present witnesses. Hanoum never took the stand to testify, although he…