United States v. Miller

MEMORANDUM **

Clark Anthony Miller appeals his convictions for conspiracy to import cocaine and aiding and abetting importation of cocaine. We affirm. Because the parties are familiar with the factual and procedural histories of this case, we need not recount them here.

I

The district court did not err in denying Miller’s motion for acquittal as to the conspiracy count. In order to establish a conspiracy under 21 U.S.C. § 963 , the United States must prove an agreement to accomplish an illegal objective and an intent to commit the underlying offense. See, e.g., United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir.1997) To satisfy the first prong, the United States must prove that the defendant had knowledge of and participated in the conspiracy. United States v. Mesa-Farias, 53 F.3d 258, 260 (9th Cir.1995). To satisfy the second, the United States must establish the requisite intent to commit the underlying substantive offense. United States v. Kim, 65 F.3d 123, 125-26 (9th Cir.1995). In this context, intent need not manifest itself in the form of positive action. See United States v. Montgomery, 150 F.3d 983, 997-98 (9th Cir.1997). Once the existence of a conspiracy…