United States v. Javier Valencia-Amezcua
Opinion
Opinion
Gould, J.
Javier Valencia-Amezcua appeals his conviction for manufacturing more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and 841(b)(l)(A)(viii). He challenges the denial of his pre-trial motions to suppress evidence and the admission of expert testimony at trial. He also claims that sufficient evidence did not exist to support his conviction and that his sentence should be reversed in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
I
On January 24, 2000, two officers with the Tillamook, Oregon narcotics team, Sheriff Deputy Mark Groshong and Detective Neil Martin, observed suspected drug offender Juan Valencia-Rodriguez (‘Valencia-Rodriguez”) drive to a car wash and hand an envelope to a man who was under investigation for narcotics violations. Later that day, other Tillamook police officers conducted a traffic stop of this other man, and a search revealed that the envelope transferred by Valencia-Rodriguez contained methamphetamine. Meanwhile, Officers Groshong and Martin had stopped Valencia-Rodriguez after he left the car wash, and had…