Uriarte-Acosta

United States v. Uriarte-Acosta

Good Law
304 F. App'x 551
United States Court of Appeals for the Ninth CircuitDecember 22, 2008No. 08-10163California1,048 words

Opinion

lead Opinion

MEMORANDUM **

Prudencio Uriarte-Acosta appeals his convictions for possession of methamphetamine with intent to distribute, 21 U.S.C. § 841 (a)(1), and conspiracy to distribute methamphetamine, 21 U.S.C. § 846 . Mr. Uriarte-Acosta contends that: (1) there was insufficient evidence to support his convictions, and (2) the court improperly allowed a law enforcement witness to testify that Mr. Uriarte-Acosta had an image on his cell phone of a man known as the “patron saint of narcotics traffickers.” We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. In considering a challenge to the sufficiency of the evidence, we consider 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. Moses, 496 F.3d 984, 987 (9th Cir.2007). Mr. Uriarte-Acosta argues that, even when viewed through this lens, the evidence is insufficient to show that he did anything other than innocently accompany Adrian Michel-Figueroa to a casino where Mr. Michel-Figueroa happened to deliver *553 drugs to an undercover officer. He cites for support…

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