Hafoka

United States v. Hafoka

Good Law
40 F. App'x 461
United States Court of Appeals for the Ninth CircuitMay 31, 2002Nos. 99-10619, 00-10047, 00-10154; D.C. Nos. CR-97-01199-5-DAE, CR-97-01199-DAE, CR-97-01199-09-DAECalifornia841 words

Opinion

Lead Opinion

MEMORANDUM *

Siokatame Hafoka, Richard Brown Tau-moepeau, and Sosaia Liufau appeal their convictions and sentences for conspiracy to distribute and possess with intent to distribute in excess of 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We affirm. Because the parties are familiar with the facts, we recount them here only as necessary to explain our decision.

1. Appellants contend that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), requires that the prosecution prove to the jury beyond a reasonable doubt that the defendant knew the quantity of drugs involved in the offense. This argument is foreclosed by the recent decision in United States v. Carranza, 289 F.3d 634 , 2002 WL 841175, at * 7 (9th Cir. May 3, 2002) (“Ap-prendi did not change the long established rule that the government need not prove that the defendant knew the type and amount of a controlled substance that he ... possessed; the government need only show that the defendant knew that he ... possessed some controlled substance.”).

2. Appellants contend that there was insufficient evidence to prove the single conspiracy alleged in the indictment. As a…

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