Jingles

MEMORANDUM *

1. John Wesley Jingles (“Jingles”) contends that the evidence at trial varied from the conduct charged in the indictment since the government proved several multiple conspiracies, but not the overall, single conspiracy alleged. “The issue of whether a single conspiracy has been proved is a question of the sufficiency of the evidence.” United States v. Antonakeas, 255 F.3d 714, 723 (9th Cir.2001) (citation omitted). Sufficient evidence was adduced at trial proving a single, broad conspiracy, since Jingles “was involved in a broad project to distribute cocaine and [ ] his benefit depended on the success of the operation.” See United States v. Shabani, 48 F.3d 401, 403 (9th Cir.1995) (citation omitted).

2. Jingles’ argument that there was a material variance between the jury’s verdict and counts twenty-one and twenty-two of the indictment also fails. “[Wlhere the variance is not of a character which could have misled the defendant at trial, and there is no danger of double jeopardy ..., the variance between indictment and proof is immaterial.” United States v. Tsinhnahijinnie, 112 F.3d 988, 991 (9th Cir.1997) (citations and internal quotation marks omitted). The…