Allen

United States v. Allen

Good Law
68 F. App'x 824
United States Court of Appeals for the Ninth CircuitJune 19, 2003No. 02-30157, 02-30172California550 words

Opinion

Lead Opinion

MEMORANDUM ***

Burton Chanta Allen appeals his jury conviction for conspiracy to manufacture methamphetamine on the ground that the government failed to prove an agreement, one of the essential elements of the crime. The government cross-appeals the sentence imposed by the district court on the ground that a downward departure based on the sentence disparity of Allen’s cooper *825 ating co-defendants was improper. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

The evidence is sufficient to support Allen’s conviction. The jury could have found, beyond a reasonable doubt, all elements of a conspiracy to manufacture methamphetamine in an amount exceeding 500 grams. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (evidence is sufficient to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt); United States v. Yossunthorn, 167 F.3d 1267, 1270 (9th Cir. 1999) (the essential elements of conspiracy are: (1) an agreement to accomplish an illegal objective; (2) one or more overt acts in furtherance of…

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