Escandon-Figueroa

United States v. Escandon-Figueroa

Good Law
96 F. App'x 560
United States Court of Appeals for the Ninth CircuitMay 17, 2004No. 03-50259; D.C. No. CR-00-3113-JCalifornia428 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Randolfo Eseandon-Figueroa appeals his conviction for conspiracy to *561 distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Escandon-Figueroa argues on appeal that the government failed to present sufficient evidence to establish a single conspiracy among Escandon-Figueroa, Ceasr Rafael Loza-Paez (a.k.a.“Gordo”), and Jose Alejandro Figueroa-Orejel (a.k.a. “Alex Figueroa”) as charged in the indictment, and that he was deprived of his due process rights by the government’s closing argument. We affirm.

I

There was sufficient evidence to convict Escandon-Figueroa of a single conspiracy. The guilty verdict in this case implies that the jury found sufficient evidence to support the single conspiracy charged in the indictment. United States v. Kenny, 645 F.2d 1323, 1335 (1981). This court will not disturb that finding unless it concludes that no rational trier of fact could have found a single conspiracy on this evidence. See id. Under this “highly deferential” standard of review, see United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990), sufficient evidence supported the jury’s finding that Escandon-Figueroa was…

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