Chichil
United States v. Chichil
Opinion
Lead Opinion
MEMORANDUM *
Lorenzo Gomez Chichil appeals his jury conviction and sentence for conspiracy and distribution of crack cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and carrying a firearm during and in relation to a drug trafficking offense in -violation of 18 U.S.C. § 924 (c). The government cross-appeals the sentence, arguing that the district court erred by refusing to apply the mandatory sixty-month consecutive sentence for the firearm offense, and alternatively, that the district court should have enhanced Chichil’s sentence by two levels under the Sentencing Guidelines.
We need not recite the facts here because they are known to the parties.
1. Chichil’s Due Process and Entrapment Claims
A trial court’s ruling on a motion for acquittal is reviewed de novo. See United States v. Hardy, 289 F.3d 608, 612 (9th Cir.2002); United States v. Hernandez-Herrera, 273 F.3d 1213, 1218 (9th Cir. 2001). Consequently, this court must review the evidence presented against the defendant in a light most favorable to the government to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Hemandez-Herrera, 273…