Nasseri

MEMORANDUM **

Hamid Nasseri was convicted by a jury of importation of cocaine in violation of 21 U.S.C. §§ 952 (a) and 960, and possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). On appeal, Nasseri argues that his conviction and sentence should be reversed for three reasons: 1) the district court erred in denying his motion for judgment of acquittal based on insufficiency of the evidence under Fed. R.Crim.P. 29; 2) the government imper-missibly commented at trial on his silence before being given Miranda warnings; and 3) the district court erred in determining that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not apply to reduce the defendant’s period of supervised release. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). For the reasons stated below, the conviction and sentence are AFFIRMED.

A. Sufficiency of the Evidence [1] Nasseri challenges the sufficiency of the evidence supporting the jury’s verdict under Fed.R.Crim.P. 29. Nasseri did not renew his Rule 29 motion at the end of his trial. An unrenewed motion for judgment of acquittal is reviewed “only to…