Alvarado-Guizar

MEMORANDUM *

Defendant Rigoberto Alvarado-Guizar appeals his conviction for conspiracy and possession with intent to distribute methamphetamine, 21 U.S.C. §§ 841 and 846. We affirm.

1. The district court did not err in admitting statements of co-conspirator Fernandez, who did not testify at trial. Under Federal Rule of Evidence 801(d)(2)(E), a statement is not hearsay if it is the statement of a co-conspirator made during the course of, and in furtherance of, the conspiracy.

There was sufficient evidence to support the district court’s finding of a conspiracy. For example, Defendant rented the vehicle that transported methamphetamine from California to Washington; Defendant was present at Cordova-Ayala’s house when those drugs were moved to a different car; Defendant and his car followed the drugs from Cordova-Ayala’s house to a parking lot where an informant had instructed Cordova-Ayala to meet him; and there was a discussion as to how four people (including Defendant) would share the money if the drug deal was successful. There also was evidence that Fernandez was one of the conspirators and that Fernandez’ statements were made during and in furtherance of the conspiracy.…