Gross

MEMORANDUM ***

Appellant, Michael Gross, appeals his conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. Gross argues that there was a fatal variance between the charging document and the Government’s proof at trial. In addition, Gross maintains that the district court erred in admitting particular items of evidence, namely (1) photographs and testimony concerning firearms seized during several law enforcement searches, and (2) handwritten “drug ledgers.”

Gross maintains that a variance occurred in his case because the Government’s evidence at trial proved the existence of multiple conspiracies rather than a single, overarching conspiracy. This Court has observed that “[t]he question of whether a single conspiracy has been proved, rather than multiple conspiracies, is a recurring one, which is essentially a question of the sufficiency of the evidence.” United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984) (citations omitted); see also United States v. Duran, 189 F.3d 1071, 1078 (9th Cir.1999).

Upon review of the entire record in this case, we could conclude that the Government proved the existence of multiple conspiracies…