Coleman

MEMORANDUM *

James Coleman appeals his convictions and 137-month concurrent sentences for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1) (“Count One”) and distributing, or aiding and abetting in the distribution of, cocaine in violation of 21 U.S.C. § 841 (a)(1) (“Count Three”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction and sentence for Count One and reverse the conviction for Count Three.

I. Sufficiency of the Evidence & Denial of Rule 29 Motions

Coleman asserts that the evidence presented at trial was insufficient to sustain the guilty verdicts against him on both counts. Coleman preserved his right on appeal to test the sufficiency of evidence because he made a motion for judgment of acquittal under Fed.R.Crim.P. 29 at the close of the government’s case in chief and again at the close of all evidence. See United States v. Yossunthorn, 167 F.3d 1267 , 1270 n. 4 (9th Cir.1999). We will find sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.…