United States v. Jackson

MEMORANDUM *

Vincent Jackson appeals from a guilty verdict following a criminal jury trial in district court. Jackson was found guilty of, inter alia, conspiring to possess methamphetamine with intent to distribute and possession of methamphetamine with intent to distribute.

*671 Jackson alleges the district court erred by permitting the government to introduce testimony regarding two stabbings, allegedly committed by Jackson, in furtherance of the conspiracy. The district court did not abuse its discretion by admitting such evidence under Rules 401 and 402 as direct evidence of the manner and means of the conspiracy, after conducting a Rule 403 balancing test, see United States v. Patterson, 819 F.2d 1495, 1505 (9th Cir.1987), and did not plainly err in admitting such evidence under Rule 404(b).

Next, Jackson challenges the district court’s denial of his Federal Rule of Criminal Procedure 29 motion for a judgment of acquittal on the conspiracy charge on the ground that the evidence was insufficient to sustain the single conspiracy charged in count one. The question of whether a single conspiracy, rather than multiple conspiracies, has been proven is a question of sufficiency…