Serafin

MEMORANDUM **

In 1993, the government indicted 23 people for their involvement in a Northern California methamphetamine- and PCP-trafficking conspiracy. Cornelio Serafín, one of the defendants, was convicted of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to manufacture, possess, and distribute PCP and methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He challenges the sufficiency of the evidence that supports his conviction.

Claims of insufficient evidence are reviewed de novo. United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). We “must affirm [Serafin’s] conviction[ ] if, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found [Serafín] guilty beyond a reasonable doubt of each element of the crimes charged.” United States v. Corral-Gastelum,, 240 F.3d 1181, 1183 (9th Cir.2001).

To prove a conspiracy, the government must establish “(1) an agreement to accomplish an illegal objective, (2) coupled with one or more acts in furtherance of the illegal purpose, and (3) the requisite intent necessary to commit the underlying substantive…