Deleon

MEMORANDUM **

Robert G. Deleon appeals his conviction for manufacture of more than 100 marijuana plants in violation of 21 U.S.C. § 841 (a)(1) and his five-year sentence. The facts are known to the parties and will not be repeated here.

Deleon first claims that the evidence presented at trial was insufficient to prove that he had the power to exercise dominion and control over the marijuana grow operation at his home. The United *564 States produced evidence at trial that Deleon owned the residence and shop in which over 400 marijuana plants were found. In the office adjoining the home’s master bedroom, DEA agents found Deleon’s personal bank records and a receipt for equipment used in the marijuana grow operation. Nearby, agents also found a computer printout of marijuana seed varieties. Most damaging to his claim, Deleon called his home and spoke with one of the DEA agents conducting the search. When Deleon learned that his children were there, he told the agent, “it is not them that you wanted, it is me, let them go.” Construing this evidence in the light most favorable to the prosecution, as we must, we conclude that a “ ‘rational trier of fact could have found the essential…