Garza

MEMORANDUM ***

Anthony Morales Garza appeals his conviction for distributing and conspiring to distribute methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1) and (b)(1)(A)(viii). Garza argues that the district court erred by admitting the statements of Garza’s alleged co-conspirator, Jose Gonzales.

We review the admission of a co-conspirator’s statements for an abuse of discretion. United States v. Bowman, 215 F.3d 951, 960 (9th Cir.2000). We review for clear error the district court’s factual determinations that form the basis for admitting the statements. Id.

A co-conspirator’s statements may be admitted if the government shows by a preponderance of the evidence that (1) the defendant participated in a conspiracy existing at the time the statements were made, and (2) the statements were made in furtherance of the conspiracy. Id. at 960-61 .

Here, Gonzales’s statements were properly admitted. The district court did not clearly err in finding that Garza participated in an existing conspiracy and that Gonzales’s statements were in furtherance of that conspiracy.

Garza’s participation in an existing conspiracy was shown by several facts: (1) Garza was present at the…