Cardenas

United States v. Cardenas

Good Law
65 F. App'x 651
United States Court of Appeals for the Ninth CircuitJune 12, 2003No. 02-50348; D.C. No. CR-01-03464-J-02California356 words

Opinion

Lead Opinion

MEMORANDUM **

Delia Cardenas appeals her jury trial conviction for one count of aiding and abetting the importation of marijuana, in viola *652 tion of 21 U.S.C. §§ 952 and 960, and one count of aiding and abetting possession with intent to distribute marijuana, in'violation of 21 U.S.C. § 841 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cardenas contends the district court’s responses to the jury’s questions during deliberations were confusing and an incorrect statement of the law. Because Cardenas failed to object on the grounds that the instructions were a misstatement of the law, we review that issue for plain error, see United States v. McIver, 186 F.3d 1119, 1130 (9th Cir.1999), and find none. See United States v. Sayetsitty, 107 F.3d 1405, 1412 (9th Cir.1997) (stating that “[t]he elements necessary to convict an individual under an aiding and abetting theory are (1) that the accused had the specific intent to facilitate the commission of a crime by another, (2) that the accused had the requisite intent of the underlying substantive offense, (3) that the accused assisted or participated in the commission of the underlying offense, and (4) that…

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