Martin

United States v. Martin

Good Law
117 F. App'x 509
United States Court of Appeals for the Ninth CircuitNovember 23, 2004Nos. 03-10581, 03-10665California1,228 words

Opinion

Lead Opinion

MEMORANDUM *

John Martin and Steve Dobson appeal from the district court’s denial of motions for judgment of acquittal brought under Fed.R.Crim.P. 29. After a nine-day trial, a jury convicted each of them of one count of conspiracy to possess five or more kilograms of cocaine with intent to distribute and one count of attempted possession of five or more kilograms of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Martin and Dobson each contend that there was insufficient evidence to convict them of either count. Dobson also claims a variety of trial defects require reversal, including ineffective assistance of counsel, prosecutorial misconduct, and denial of a motion in limine seeking a jury instruction on mandatory sentencing minimums. We affirm.

I.

Claims of insufficient evidence for conviction are reviewed de novo. United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). There is sufficient evidence to support a conviction if, 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.…

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