United States v. Margarito Caballero

MEMORANDUM

The four Appellants in these consolidated appeals all were convicted of or pleaded guilty to conspiring to distribute and possess with intent to distribute methamphetamine, 21 U.S.C. §§ 846 , 841(a)(1), and possessing with the intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1). Alvarado also pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924 (c), and Diaz was convicted of the same crime.

Appellants challenge various aspects of their convictions and sentences. We have jurisdiction over all four appeals under 28 U.S.C. § 1291 , and we affirm the district court in all respects.

1. Margarito Ramirez Caballero.

Margarito Ramirez Caballero appeals the district court’s denial of his Rule 29 motion for acquittal. He also appeals his 292-month sentence, arguing that it was procedurally erroneous and substantively unreasonable.

Viewing the evidence in the light most favorable to the government, a rational juror could have found the essential elements of both counts of the indictment beyond a reasonable doubt. United States v. Neill, 166 F.3d 943, 948 (9th Cir.1999). Government witnesses testified that Caballero…