Aguirre

United States v. Aguirre

Good Law
4 F. App'x 370
United States Court of Appeals for the Ninth CircuitFebruary 14, 2001Nos. 00-30073, 00-30112; D.C. Nos. CR-98-00100-04-JDS, CR-98-00100-JDSCalifornia2,022 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants Salvadore Aguirre (“Aguirre” or “Salvadore” 1 )and Teodore Rico Robles (“Robles”) were each convicted of one count of conspiracy to distribute methamphetamine, 21 U.S.C. § 841 (a)(1), 846; 18 U.S.C. § 2 (“Count I”), and one count of possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1) (“Count II”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in all respects.

I.

Appellants object to Jury Instructions 5-8, which address venue. Though it is somewhat unusual for a district court to give venue instructions when the defendants do not challenge venue, the instructions were appropriate here because, throughout the trial, Appellants argued to the jury that there was no evidence that they were part of a conspiracy that took place in Montana or that they had ever set foot in that state prior to being transported there for trial. The district court thus was within its discretion in giving the instructions.

II.

Appellants argue that the government did not meet its burden of establishing that they were party to a single drug *373 manufacturing and distribution conspiracy that stretched into Montana, rather than a different…

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