Chavez-Arriaga

MEMORANDUM **

Jose Chavez-Arriaga was convicted of four counts of importation and possession of cocaine and heroin with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 952, and 960. The only issue Chavez-Arriaga raises on appeal is sufficiency of the evidence.

The relevant inquiry is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could find 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). Because Chavez-Arriaga failed to move for a judgment of acquittal during the proceedings, we review his sufficiency challenge only to prevent a manifest miscarriage of justice or for plain error. Fed. R.Crim. P. 52(b); United States v. Weber, 320 F.3d 1047, 1050-51 (9th Cir.2003).

Although the record reveals conflicting testimony, the record contradicts Chavez *565 Arriaga’s assertion that the government produced no more than “mere presence” evidence. It is undisputed that ChavezArriaga was the driver and sole adult occupant of the car containing a substantial quantity of drugs. United States v. Sanchez-Robles, 927 F.2d 1070, 1076…