Mock

United States v. Mock

Good Law
85 F. App'x 619
United States Court of Appeals for the Ninth CircuitJanuary 15, 2004No. 03-30093; D.C. No. CR-02-00102-RHWCalifornia320 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant William Wise Mock appeals his convictions for attempting to manufacture methamphetamine, 21 U.S.C. §§ 841 (a)(1), 846, and endangering human *620 life while illegally manufacturing a controlled substance, 21 U.S.C. § 858 .

1. The evidence permitted a rational jury to find beyond a reasonable doubt that Defendant attempted to manufacture methamphetamine. His apartment contained chemicals necessary to manufacture methamphetamine and equipment usually employed for that purpose. Additionally, on the date charged in the indictment, there was an explosion in Defendant’s apartment, followed by a fire. Defendant was seen leaving the apartment at that time; he did not report the explosion and fire, nor did he return to his apartment, but was arrested elsewhere three days later. At the time of his arrest he was suffering from recent burns; in his apartment, after the explosion and fire, a T-shirt found in Defendant’s apartment was found to contain red phosphorous, iodine, and methamphetamine, as well as scraps of burnt human skin. This evidence was sufficient to support the jury’s verdict. See United States v. Taylor, 716 F.2d 701, 711 (9th Cir.1983) (holding that…

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