Moreno

United States v. Moreno

Good Law
125 F. App'x 801
United States Court of Appeals for the Ninth CircuitMarch 3, 2005No. 02-30286; D.C. No. CR-93-00127-AK-HRHCalifornia456 words

Opinion

Lead Opinion

MEMORANDUM *

Jamie Ernest Moreno appealed his conviction and sentence on one count of conspiracy to distribute cocaine. We affirmed Moreno’s conviction and sentence in a memorandum disposition. United States v. Moreno, 93 Fed.Appx. 131 (9th Cir.2004) (unpublished disposition). The Supreme Court vacated that disposition and remanded to this court for further consideration in light of United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Moreno v. United States, — U.S.-, 125 S.Ct. 1050 , 160 L.Ed.2d 994 (2005). We affirm Moreno’s *802 conviction, vacate his sentence, and remand for resentencing.

I

We review the denial of Moreno’s motion for acquittal for plain error because it was not renewed at the close of all the evidence. United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200-01 (9th Cir. 2000). There was none, as Moreno knew that the cocaine which he sold would be broken down and distributed for resale. Cf United States v. Lennick, 18 F.3d 814, 818-20 (9th Cir.1994) (involving growth and gift of marijuana for personal use). It is not necessary that he knew the cocaine was destined for Alaska. See, e.g., United States v. Herrera-Gonzalez, 263 F.3d 1092,…

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