United States v. Julio Cesar Ruiz, United States of America v. Angel Eliazar Noriega-Valenzuela

Appellants Angel Eliazar Noriega-Valenzuela (Noriega) and Julio Cesar Ruiz (Ruiz) were convicted by a jury of conspiracy to manufacture and distribute methamphetamine (meth), aiding and abetting, and possession of firearms in furtherance of drug trafficking crimes. The judge sentenced Noriega to a term of 295 months’ imprisonment and Ruiz to a term of 352 months’ imprisonment.

On appeal, Noriega argues the following: 1. that the evidence was insufficient to prove possession of firearms in furtherance of a drug trafficking crime; 2. that the district court erred by accepting the drug quantity recommendation in the pre- sentence investigation report, which was higher than that found by the jury; and 3. that the sentence imposed by the district court for Count 1 violated his Sixth Amendment rights.

•In addition to the issues raised by Noriega, Ruiz argues the following: 1. that the district court erred by giving a preliminary jury instruction on reasonable doubt; and 2. that the district court erred by assessing a two-level increase for obstruction of justice.

Because we conclude that insufficient evidence was introduced at trial to support the firearms possession convictions, we…