Hurth
United States v. Hurth
Opinion
Lead Opinion
MEMORANDUM **
Derris Hurth appeals his convictions for conspiracy to possess with intent to distribute cocaine, 21 U.S.C. §§ 841 (b)(1)(A)(ii), 846; conspiracy to interfere with commerce by robbery, 18 U.S.C. § 1951 ; and use or carrying a firearm during a drug trafficking offense, 18 U.S.C. § 924 (c). There was sufficient evidence to support Hurth’s convictions. The record indicates that Hurth’s co-conspirator knew the amount and type of drug involved in the reverse-sting operation, and that the co-conspirator discussed “the. deal” with Hurth. In any event, the government is not required to prove a specific intent to possess and distribute a specific drug or quantity of drug to sustain a conviction. United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002); see also United States v. Nelson, 471 Fed.Appx. 638 (9th Cir.2012) (mem.) (finding that Hurth’s co-conspirators had sufficient specific intent to support their convictions).
The district court did not err in denying Hurth’s motion to dismiss for outrageous government conduct. Even if the claim was not waived, the activities here do not rise to such a level that they are “shocking to the universal sense of justice! ]…