Bertolo

United States v. Bertolo

Good Law
55 F. App'x 406
United States Court of Appeals for the Ninth CircuitDecember 24, 2002No. 01-10726; D.C. No. CR-99-00308-KJDCalifornia1,855 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Carlos Bertolo appeals his 2001 conviction by jury trial on twenty-seven counts related to the possession of fisted chemicals (ultimately to be used in the manufacture of methamphetamine). Those charges included Conspiracy to Possess a Listed Chemical, Possession of a Listed Chemical, Possession of Manufacturing Paraphernalia, Structuring, and Money Laundering.

This Court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . As the parties are familiar with the facts, we recite them only as necessary.

On appeal, Bertolo raises seven main issues: (1) error in the trial court’s response to jury inquiries; (2) insufficiency *408 of the evidence to support a conspiracy conviction; (3) discrepancies between the indictment and jury instructions; (4) vagueness of the possession statutes; (5) separate convictions for money laundering and structuring where it is argued that the charges of structuring should have been recognized as lesser included offenses of the money laundering charges; (6) inaccurate assignment of the Base Level of iodine (as a listed chemical) for sentencing purposes; and (7) impermissible seizure of certain of Bertolo’s…

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