Heick
United States v. Heick
Opinion
Lead Opinion
MEMORANDUM **
Defendant Timothy Eugene Heick appeals his jury conviction of conspiracy to possess methamphetamine with intent to distribute and of attempted possession of methamphetamine with intent to distribute. He raises four claims on appeal, none *469 of which was raised below. Thus, the record is reviewed for plain error. See United States v. Barragan, 263 F.3d 919, 922 (9th Cir.2001). Because none of the four claims presents plain error, we affirm the convictions.
First, Heick challenges the sufficiency of the evidence to establish a conspiracy between him and co-defendant James Vaughn Norbury. Because Heick failed to preserve this claim below, the review is deferential, requiring reversal only upon plain error or “to prevent a manifest injustice.” United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004) (citation omitted). Given evidence that Heick had made arrangements with the government informant over the phone to purchase drugs to sell and then accompanied Norbury to meet with the informant, a rational juror could have found beyond a reasonable doubt that Heick conspired with Norbury to possess methamphetamine with the intent to sell.