Garcia

United States v. Garcia

Good Law
173 F. App'x 560
United States Court of Appeals for the Ninth CircuitMarch 9, 2006No. 05-30119California886 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Jaime Moreno Garcia appeals his jury conviction of possession of methamphetamine with intent to distribute under 21 U.S.C. § 841 (a)(1). He raises four claims on appeal. Because none of the four claims presents reversible error, we affirm the conviction.

Garcia first argues that there was insufficient evidence presented by the gov *561 ernment that Garda had knowledge of the contents of the bag that he delivered to Mendoza and that the bag actually contained 500 grams or more of a substance or mixture containing a detectable amount of methamphetamine. 1 Because Garcia did not preserve this claim below by moving for a judgment of acquittal, our review requires reversal only upon plain error or “to prevent a manifest injustice.” United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004). “When reviewing convictions for suffidency of the evidence, we must determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Sanders, 421 F.3d 1044, 1049 (9th Cir.2005) (internal quotation marks omitted).

The…

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