Morales-Pena

MEMORANDUM *

Jose Morales-Pena (“Morales-Pena”) and Ruben Martinez (“Martinez”) appeal their convictions for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine in violation of 21 U.S.C. § 846 . Martinez also challenges his conviction for possession of a firearm in furtherance of his drug trafficking crime under 18 U.S.C. § 924 (c)(1). Additionally, both argue that the district court erred by not granting a motion for mistrial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Morales-Pena and Martinez claim that the evidence presented to the jury was insufficient to prove they were members of a conspiracy. In considering a challenge to the sufficiency of the evidence, we determine if, 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) (citation and internal quotation marks omitted).

First, although Martinez concedes he distributed drugs, he argues that there is no evidence of his participation in a conspiracy. A conspiracy can be proven by…