Madueño

MEMORANDUM *

Emigdio Madueño appeals his convictions for (1) conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(vn) and 846; and (2) for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). Madueno also appeals the district court’s refusal to sever his trial from that of a codefendant, Alejandro Lopez. We have jurisdiction under 28 U.S.C. § 1291 .

Madueño here argues that there is insufficient evidence to support the jury’s verdict on each charge. We review de novo claims of insufficient evidence to determine whether, “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. Sullivan, 522 F.3d 967, 974 (9th Cir.2008) (internal quotation marks omitted). We affirm the first conviction, reverse the second conviction, and remand for resentencing.

Sufficient evidence supports Madueño’s drug conspiracy conviction. See United States v. Barragan, 263 F.3d 919, 922 (9th Cir.2001) (“To establish a drug conspiracy, the government must…