Delacruz

United States v. Delacruz

Good Law
130 F. App'x 87
United States Court of Appeals for the Ninth CircuitMarch 16, 2005No. 04-30215; D.C. No. CR 03-00010 CCLCalifornia371 words

Opinion

Lead Opinion

MEMORANDUM **

Joseph DeLaCruz appeals his conviction for conspiracy to possess with intent to distribute methamphetamine and cocaine, in violation of 21 U.S.C. §§ 841 (a) and 846. He argues that the government failed to introduce evidence sufficient to support the jury’s finding that he was a member of an ongoing conspiracy to distribute narcotics. Because the evidence introduced at trial amply supported the jury’s verdict, we affirm.

We review de novo a sufficiency of the evidence challenge, asking whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004).

“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. Romero, 282 F.3d 683, 687 (9th Cir.2002) (quoting United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir.1997)). DeLaCruz challenges the sufficiency of the evidence of only the former of these two elements.

A review of the record, however, reveals that the…

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