Guzman

United States v. Guzman

Good Law
33 F. App'x 275
United States Court of Appeals for the Ninth CircuitMarch 12, 2002No. 00-50432; D.C. No. CR-99-00002-RJTCalifornia449 words

Opinion

Lead Opinion

MEMORANDUM

Rocío Maria Guzman (“Guzman”) was convicted, following a jury trial, of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 , and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Guzman appeals the district court’s denial of her motion for a judgment of acquittal based on the insufficiency of the evidence, pursuant to Rule 29(c). 2 We review a district court’s decision to deny a Rule 29(c) motion for judgment of acquittal based on insufficiency of the evidence de novo. United States v. Magallon-Jimenez, 219 F.3d 1109, 1112 (9th Cir.2000), cert. denied, 531 U.S. 1177 , 121 S.Ct. 1152 , 148 L.Ed.2d 1013 (2001). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

It is undisputed that Guzman was in the company of people who were conspiring to sell methamphetamine to an undercover officer on the evening of December 17, *276 1998. However, “after viewing the evidence in the light most favorable to the prosecution,” we conclude that no rational trier of fact could have found that Guzman participated in this conspiracy or possessed methamphetamine with the intent to distribute. Jackson v.…

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