Kizzee

United States v. Kizzee

Good Law
159 F. App'x 805
United States Court of Appeals for the Ninth CircuitDecember 21, 2005Nos. 02-50634, 03-50030, 03-50478California971 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants-Appellants Jason Kizzee, Errol Brown, and Reginald Butler appeal from their jury conviction under 21 U.S.C. §§ 841 (a)(1) and 846 for conspiracy to distribute marijuana. We affirm the jury verdict and the district court’s determinations on each of Defendants’ claims.

Butler and Kizzee argue that there was insufficient evidence to support their conviction for conspiracy to distribute marijuana. Reviewing their claims de novo and taking the evidence in the light most favorable to the prosecution, we find that any reasonable trier of fact could have found the elements of the crime beyond a reasonable doubt. United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003); United States v. Penagos, 823 F.2d 346, 347 (9th Cir.1987). 1 The jury was “free to disbelieve” the theories of the case and testimony presented by both Defendants “and infer the opposite----” United States v. Barajas, 360 F.3d 1037, 1041 (9th Cir.2004).

All three Defendants challenge the district court’s decision to dismiss a potential juror for cause, arguing that the dismissal resulted in a biased jury. We review the district court’s voir dire procedures for abuse of discretion and its…

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