United States v. Jesus Cordova Barajas, AKA Jesus Magana Gudino

Jesus Cordova Barajas appeals from the judgment entered following his conviction by a jury for aiding and abetting the cultivation of marijuana in violation of 21 U.S.C. § 841 (a)(1), and 18 U.S.C. § 2 . He also appeals his 210-month sentence. Mr. Barajas claims that the evidence presented at trial was insufficient to support his conviction. He also asserts that the district court erred in not adjusting his offense level score downward based on his minor role in the offense pursuant to section 3B1.2 of the U.S. Sentencing Guidelines Manual (“USSG”), and in adjusting his offense level score upward two levels for obstruction of justice pursuant to section 3C1.1 of the USSG. We affirm the judgment of conviction because we conclude that the evidence was sufficient to persuade the jury of his guilt. We also find no error in the district court’s sentencing decision.

I

The evidence, viewed in the light most favorable to the prevailing party at trial, reveals that on the morning of September 25, 2001, U.S. Forest Service officers and state officers arrested Mr. Barajas as he emerged from a man-made shelter next to a marijuana farm. The marijuana farm was in an isolated location within…