Larson

United States v. Larson

Good Law
143 F. App'x 760
United States Court of Appeals for the Ninth CircuitJuly 27, 2005No. 04-30454California715 words

Opinion

Lead Opinion

MEMORANDUM **

Robert C. Larson appeals his convictions of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, possession with intent to distribute over 50 grams of methamphetamine to a person under 21 years of age, in violation of 21 U.S.C. §§ 841 (a)(1) and 849, and possession of firearms by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922 (g)(9). He argues that under Federal Rule of Criminal Procedure 29, he is entitled to a judgment of acquittal on each count. We review Larson’s properly-preserved challenge to his conspiracy conviction de novo, See United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002), and his remaining claims, which were not renewed at the close of all evidence, “only for plain error to prevent a miscarriage of justice.” United States v. Winslow, 962 F.2d 845, 850 (9th Cir.1992). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the convictions on each count.

Viewing the evidence in the light most favorable to the prosecution, it is clear that a rational juror could have found beyond a reasonable doubt: “(1) an agreement to accomplish an illegal…

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