Perez-Soto

MEMORANDUM ***

Perez-Soto appeals his conviction for Possession with Intent to Distribute Methamphetamine. We affirm.

Perez-Soto first argues that there was insufficient evidence to convict him of Possession with Intent to Distribute Methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Because no motion for acquittal pursuant to Federal Rule ov Criminal Procedure 29 was made at trial, our review is for plain error. 1 In determining the sufficiency of the evidence, the evidence is viewed in a light most favorable to the prosecution to determine if any rational trier of fact could have found the essential elements beyond a reasonable doubt. 2 A conviction for 21 U.S.C. § 841 (a)(1) requires that the jury find that the defendant (1) knowingly possessed the controlled substance, (2) with the intent to distribute it to another person. A rational trier of fact could have found the essential elements based upon evidence that (1) 79.2 grams of pure methamphetamine were found in Perez-Soto’s hotel room, (2) an empty container of a cutting agent was found in another hotel room registered to Perez-Soto, and (3) $1,600 in cash was found in a diaper bag, and he had over $1,000 on his…