United States v. Eleuterio Benitez-Mendez

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eleuterio BENITEZ-MENDEZ, Defendant-Appellant. No. 96-30021. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided July 9, 1996. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Eleuterio Benitez-Mendez appeals his conviction following a jury trial on charges of conspiracy and distribution of cocaine. He submits that the district court erred by failing to grant his motion for judgment of acquittal. Our review is limited to determining whether, "viewing the evidence in the light most favorable to the government, no rational trier of fact could find beyond a reasonable doubt that the defendant is the person who committed the charged crime." United States v. Alexander, 48 F.3d 1477, 1490 (9th Cir.), cert. denied, 116 S.Ct. 210 (1995). 3 There is no question that the government proved the existence of a conspiracy to sell…