Garcia

MEMORANDUM *

Jose Carlos Garcia appeals his jury conviction and sentence for (1) conspiracy to possess and distribute methamphetamine and heroin, and (2) possession with intent to distribute heroin in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In evaluating Garcia’s arguments regarding the sufficiency of the evidence supporting his conviction, we must determine whether, when “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.” United States v. Herrera—Gonzalez, 263 F.3d 1092, 1095 (9th Cir.2001) (quotations omitted).

To establish the existence of a drug conspiracy, the Government was required to prove that there was “(1) an agreement to accomplish an illegal objective, and (2) the intent to commit the underlying offense.” Id.

After carefully reviewing the record on appeal, we conclude that there is substantial evidence supporting Garcia’s drug conspiracy conviction. See, e.g., United States v. Montgomery, 150 F.3d 983, 1001-2 (9th Cir.1998)(upholding conviction for drug *301 conspiracy based…