United States v. Eustorgio Flores

MEMORANDUM

Eustorgio Flores (“Flores”) appeals his jury trial conviction on four counts related to methamphetamine and cocaine distribution. Flores challenges two of these convictions — attempted distribution of methamphetamine (“Count Four”) and distribution of methamphetamine near an elementary school (“Count Five”) — arguing insufficiency of the evidence. He also claims his trial counsel was ineffective for failing to preserve his insufficient evidence claim for appeal. Applying de novo review, we affirm the district court’s denial of Flores’s insufficient evidence claim. We also find Flores’s ineffectiveness claim to be meritless.

Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of both counts beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); see also United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc).

As to Count Four, attempted distribution of 500 grams or more of a mixture or substance containing a methamphetamine or 50 grams or more of methamphetamine, the requisite quantity of drugs was proven beyond a…