United States v. Mario Benitez

MEMORANDUM

Defendant-Appellant Mario Benitez appeals his conviction and sentence. He was convicted of conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846 , conspiracy to import controlled substances in violation of 21 U.S.C. § 968 , and possession with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A)(ii). The United States Supreme Court has held that sufficiency of evidence in a criminal case is tested by asking whether a rational jury could find each element 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); see also United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc). Here, because there was not sufficient evidence for a rational jury to conclude beyond a reasonable doubt that Defendant was guilty of conspiracy to import drugs, we vacate that conviction and the sentence imposed on that count. However, Defendant’s conviction for conspiracy to distribute drugs is not affected by that conclusion, nor is his conviction for possession with intent to distribute. Moreover, we affirm…