Alvarez-Farfan

United States v. Alvarez-Farfan

Good Law
71 F. App'x 755
United States Court of Appeals for the Ninth CircuitAugust 7, 2003No. 02-10324California637 words

Opinion

Lead Opinion

MEMORANDUM *

Ediberto Alvarez-Farfan appeals his jury conviction and sentence for conspiracy to distribute methamphetamine and distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm with respect to the claims addressed in this disposition.

*756 Our de novo review of the evidence satisfies us that, viewing the evidence in the light most favorable to the Government, a rational trier of fact could have found Alvarez guilty of conspiracy to distribute methamphetamine beyond a reasonable doubt. The Government presented evidence sufficient to show an agreement between Blanco and Alvarez to distribute methamphetamine, the commission of an overt act in furtherance of the conspiracy and the requisite mens rea. See United States v. Lennick, 18 F.3d 814, 818 (9th Cir.1994).

The jury instructions on conspiracy “fairly and adequately covered the elements of the offense.” United States v. Knapp, 120 F.3d 928, 930 (9th Cir.1997). Moreover, looking at the instructions as a whole and not in isolation, see United States v. Vallejo, 237 F.3d 1008, 1024 (9th Cir.), amended by 246 F.3d 1150 (9th Cir.2001), it was…

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