United States v. Hakim Rasul

MEMORANDUM

Hakim Mustafa Rasul was convicted of conspiracy to possess marijuana with in tent to distribute, in violation of 21 U.S.C. § 846 . He appeals from the district court’s denial of his motion to acquit for insufficient evidence under Rule 29 of the Federal Rules of Criminal Procedure. We have jurisdiction to review Rasul’s appeal under 28 U.S.C. § 1291 , and we affirm.

I

“Where, as here, the defendant preserves his claim of insufficient evidence by-making a motion under Federal Rule of Criminal Procedure 29 at the close of. the evidence, we review de novo the sufficiency of the evidence supporting the conviction.” United,- States v. Tucker, 641 F.3d 1110, 1118 (9th Cir.2011). This Court must affirm if, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

A defendant’s mere presence at a crime, affiliation with those committing the crime, or knowledge that a crime is being committed, is insufficient to support a conspiracy conviction under 21 U.S.C. § 846 .…