United States v. Juan Carreno-Gutierrez

MEMORANDUM

Defendant Juan Carreno-Gutierrez appeals his convictions for conspiracy to distribute and possess with intent to distribute methamphetamine, m violation of 21 U.S.C. § 846 ; distribution and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 ; and possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924 (c). We affirm.

1. Sufficient evidence supported the convictions. See United States v. Shetler, 665 F.3d 1150, 1163 (9th Cir.2011) (describing the analytical framework). Viewing the evidence in the light most favorable to the government, Defendant conducted a counter-surveillance technique known as a “heat run” soon before the drugs were delivered; he rode in a surveillance car during the drug transaction, with two firearms in his car; and he admitted to the police that he knew that he was going to a drug transaction and that the firearms were for protection.

2. No impermissible vouching occurred. See United States v. Weatherspoon, 410 F.3d 1142, 1146 (9th Cir.2005) (describing impermissible vouching). The prosecutor asked a percipient witness about his recollection of an event that took…