Ghenemat

MEMORANDUM **

Ahmad Awad Ghenemat appeals his conviction and sentence for possession of pseudoephedrine, knowing that it would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841 (d)(2), on two grounds. First, he argues that the district court erred in denying his motion to set aside the verdict, because insufficient evidence existed to support the jury’s finding that Ghenemat had constructive possession of pseudoephedrine. Second, he asserts an Apprendi error in his sentence, because the district court sentenced him based upon relevant conduct which the government did not prove at trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ample circumstantial evidence was presented at trial to show that Ghenemat had “both the power and intention at a given time to exercise dominion and control over the [pseudoephedrine].” United States v. Earl, 27 F.3d 423, 425 (9th Cir.l994)(quoting United States v. Cousins, 427 F.2d 382, 384 (9th Cir.1970)). “Where a defendant negotiates a sale and receives the purchase price, he has possession through dominion and control, even though delivery is made by another and there is no evidence the seller ever had…