United States v. Yu Yao Xu

*954 MEMORANDUM **

Appellants challenge the sufficiency of the evidence supporting their convictions. The government relied on the testimony of a co-conspirator who identified the Appellants at trial and testified regarding several drug transactions with the Appellants totaling five grams or more of methamphetamine, in the form commonly known as “ice.” The co-conspirator’s testimony was corroborated at trial by, among other things, taped conversations between the co-conspirator and Bing Shu Chen and the co-conspirator’s correct predictions regarding the drug deal where Appellants were arrested. The co-conspirator’s credibility was sufficiently tested at trial through direct and cross examination and the jury determined that the co-conspirator was credible. Such a credibility determination is within the province of the jury and should not be disturbed on appeal. United States v. Alvarez, 358 F.3d 1194, 1202 (9th Cir.2004). “Finally, the uncorroborated testimony of co-conspirators is sufficient evidence to sustain a conviction unless incredible or unsubstantial on its face.” Id. at 1201 (internal quotation marks omitted). We find nothing incredible or unsubstantial about the…