Olvera

United States v. Olvera

Good Law
65 F. App'x 610
United States Court of Appeals for the Ninth CircuitMay 15, 2003Nos. 02-10270, 02-10278California990 words

Opinion

Lead Opinion

MEMORANDUM *

Emilio and Alma Olvera appeal their convictions for conspiracy to commit money laundering in violation of 18 U.S.C. §§ 1956 (a)(1) and (h). They challenge the sufficiency of the evidence, certain eviden *612 tiary rulings, and the jury instructions. Alma Olvera also appeals her sentencing enhancement for obstruction of justice. We affirm.

I. Sufficiency of the Evidence

Taking the evidence in the light most favorable to the prosecution, there was enough for a rational juror to infer beyond a reasonable doubt that the Olveras knew the money they received from Jorge Salazar-Guillen was illegally derived. The intercepted phone conversations between Alma Olvera and SalazarGuillen, Emilio Olvera’s statements to Agent Pa, together with bank records from the Olveras’ joint savings accounts constituted sufficient circumstantial evidence to support the jury’s verdict.

II. Evidentiary Rulings

A. Disallowed Exculpatory Evidence

The Olveras argue that the district court erred in refusing to admit under an exception to the hearsay rule the transcript from Salazar-Guillen’s change of plea hearing. There he said that he had told the Olveras that the money he sent came from his…

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