United States v. Raymundo Vindiola

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raymundo VINDIOLA, Defendant-Appellant. No. 94-10109. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1994. Decided Dec. 22, 1994. Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges. MEMORANDUM 1 Vindiola appeals his conviction of possession with intent to distribute marijuana and conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. Secs. 841 (a)(1), (b)(1)(B), and 846. Vindiola also appeals his sentence for that conviction. We have jurisdiction over this timely appeal under 28 U.S.C. Sec. 1291 . We affirm Vindiola's conviction, vacate his sentence, and remand for resentencing. 2 Vindiola's first argument is that the evidence was not sufficient to convict him of either the possession or conspiracy charges. Sufficiency of evidence claims are examined to determine if the evidence, when viewed…