United States v. Roberto Ramirez-Rangel, and Joel Lobo-Osuna

Defendants Roberto Ramirez-Rangel and Joel Lobo-Osuna appeal their convictions and sentences for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(A)(viii) (Count 1); use of a firearm (machine guns) in drug trafficking in violation of 18 U.S.C. § 924 (c)(1) (Count 2); and being illegal aliens in possession of a firearm in violation of 18 U.S.C. § 922 (g)(5) (Counts 3 and 4). Both defendants maintain that the district court should have granted their motions to reveal the identity of the confidential informant, and that there was insufficient evidence to support their convictions on Counts 1 and 2. A primary reason that the defendants contend that they need the informant’s testimony is that it might help to establish that the defendants did not know that the weapons they were receiving from the government agent were machine guns, carrying a 30-year mandatory sentence. A disputed question is whether their knowledge or lack of it is material.

We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the convictions on all counts, and the sentences on Counts 3 and 4. We vacate the sentences on Counts 1 and…