Ogburn

United States v. Ogburn

Good Law
176 F. App'x 734
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 05-30157California341 words

Opinion

Lead Opinion

MEMORANDUM **

John Meade Ogburn appeals from his jury trial conviction and the 260-month sentence imposed for conspiracy to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, with his sentence enhanced pursuant to 21 U.S.C. § 851 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Ogburn contends that the district court erred in rejecting his Federal Rule of Criminal Procedure 29 motion for acquittal. Specifically, he challenges the sufficiency of the evidence supporting his *735 conviction, principally by attacking the credibility of the witnesses against him. Contrary to Ogburn’s contention, “[t]he uncorroborated testimony of an accomplice is enough to sustain a conviction unless the testimony is incredible or unsubstantial on its face.” United States v. Lopez, 803 F.2d 969, 973 (9th Cir.1986). Ogburn points to nothing in the record to support a conclusion that any testimony was incredible on its face. Moreover, “the credibility of witnesses is a question for the jury, unreviewable on appeal.” United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004). Finally, based on our review of the record, and viewing the evidence in…

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