Dais

United States v. Dais

Good Law
101 F. App'x 669
United States Court of Appeals for the Ninth CircuitJune 14, 2004No. 03-50173California1,057 words

Opinion

Lead Opinion

*671 MEMORANDUM *

Abdallah Dais appeals from his conviction and sentence. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Dais argues that there was insufficient evidence to support his conviction for conspiracy to aid and abet the manufacture of methamphetamine. The evidence is sufficient to sustain a conviction when, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

“To establish a drug conspiracy, the government must prove: (1) an agreement to accomplish an illegal objective and (2) the intent to commit the underlying offense.” United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir.1997) (citing United States v. Mesa-Farias, 53 F.3d 258, 260 (9th Cir.1995)). Therefore, the government was required to prove an agreement and intent to aid and abet the manufacture of methamphetamine. The fact that there is no evidence the principal offense of manufacture of methamphetamine was ever…

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