United States v. Venancio Casarez-Sanchez

MEMORANDUM

Defendant Venancio Casarez-Sanchez appeals his conviction of conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana and possession with intent to distribute 1,000 kilograms or more of marijuana. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

Defendant contends that the district court abused its discretion by admitting statements of Defendant’s co-conspirators made after Defendant’s arrest and release. The district court did not abuse its discretion because “[a]n unarrested co-conspirator still operating in furtherance of the conspiracy may say and do things which may be introduced against the arrested one if the conspiracy is still in operation.” United States v. Wentz, 456 F.2d 634, 637 (9th Cir.1972); see also Fed.R.Evid. 801(d)(2)(E).

Here, the government proved a single overarching conspiracy to import marijuana to Tucson and Phoenix using tractor trailers, and this conspiracy continued after Defendant’s arrest. A conspiracy is presumed to continue unless there is affirmative evidence of abandonment or withdrawal. United States v. Wilbur, 674 F.3d 1160, 1176 (9th Cir.2012). Defendant did not prove…