Magallon-Guizar

United States v. Magallon-Guizar

Good Law
97 F. App'x 711
United States Court of Appeals for the Ninth CircuitApril 29, 2004Nos. 02-10568, 02-10660; D.C. No. CR-01-00206-LDGCalifornia739 words

Opinion

Lead Opinion

*713 MEMORANDUM **

We affirm the jury convictions of Alberto Magallon-Guizar and Gonzalo DiezGuzman for conspiracy to distribute methamphetamine and possession with intent to distribute a controlled substance.

1. There was sufficient evidence to convict the defendants of the charges. Viewing the evidence in the light most favorable to the prosecution, as we must, Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), a rational juror could have believed the Drug Enforcement Administration officer’s testimony as to each of the defendants’ involvement in the conspiracy. That testimony, coupled with the circumstantial evidence, constituted sufficient evidence to support the verdict on the conspiracy charge. The evidence was also sufficient for a rational juror to believe that the defendants had at least constructive possession of at least 500 grams of methamphetamine. See United States v. Ramos-Rascon, 8 F.3d 704, 711-12 (9th Cir.1993) (explaining joint venture liability).

2. The district court did not commit plain error in the jury selection process in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). Magallon-Guizar…

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