United States v. Felix Pita-Mota

Good Law
477 F. App'x 447
United States Court of Appeals for the Ninth CircuitApril 24, 201210-10497California611 words

Opinion

Opinion

MEMORANDUM

Defendant Felix Pita-Mota appeals his criminal conviction for (1) conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(A)(viii), and 846; (2) distribution and possession with intent to distribute 500 grams or more of methamphetamine, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1) and 841(b)(l)(A)(viii); (8) use of a firearm in furtherance of a drug transaction, in violation of 18 U.S.C. § 924 (c)(1)(A)(i); and (4) possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We affirm.

1. Reviewing de novo, United States v. Parker, 651 F.3d 1180, 1182 (9th Cir.2011) (per curiam), we hold that sufficient evidence supported the jury verdicts. “We engage in a two-step process when considering a defendant’s challenge to the sufficiency of the evidence: we first construe the evidence in the light most favorable to the prosecution, and we then determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Shetler, 665 F.3d 1150, 1163 (9th Cir.2011)…

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