Ninete

United States v. Ninete

Good Law
141 F. App'x 531
United States Court of Appeals for the Ninth CircuitJuly 12, 2005No. 04-10309; D.C. No. CR-03-00050-DDPCalifornia571 words

Opinion

Lead Opinion

*532 MEMORANDUM *

1. The district court did not err in denying Ninete’s motion for a judgment of acquittal. A reasonable juror could have concluded that there was an overall conspiracy lasting from 1997 to 2002, see United States v. Umagat, 998 F.2d 770 , 773 n. 3 (9th Cir.1993), and that the conspiracy was not reduced to a single member when Park became a government informant because at least two members, Yutig and an officer at the cargo terminal, remained. The jury could have considered several additional factors: “the nature of the scheme; the identity of the participants; the quality, frequency, and duration of each conspirator’s transactions; and the commonality of time and goals,” to conclude that a single conspiracy existed. United States v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984). All transactions involved the same scheme to smuggle goods, the participants were similar and the parties involved played similar roles in all the transactions. A reasonable juror could also have concluded that Ninete joined the overall conspiracy in progress. See Umagat, 998 F.2d at 772-73, 774-75 .

2. The district court did not abuse its discretion in responding to the jury note as it did.…

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