Mose

United States v. Mose

Good Law
333 F. App'x 200
United States Court of Appeals for the Ninth CircuitJune 10, 2009No. 07-50380California928 words

Opinion

Lead Opinion

MEMORANDUM ***

Mokey Mose appeals his conviction and sentence for conspiracy to possess with intent to distribute at least five kilograms of cocaine, 21 U.S.C. §§ 846 & 841(b)(1)(A), conspiracy to interfere with commerce by robbery, 18 U.S.C. § 1951 , carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a drug trafficking offense or a crime of violence, 18 U.S.C. § 924 (c)(1)(A), and being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1). We have jurisdiction, 28 U.S.C. § 1291 , and affirm.

I

Because Mose did not renew his Federal Rule of Criminal Procedure 29(a) motion for directed acquittal at the close of his case, we review his sufficiency of the evi *202 dence challenges “only to prevent a manifest miscarriage of justice, or for plain error.” United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200-01 (9th Cir.2000).

There was ample evidence from which the jury could conclude beyond a reasonable doubt that Mose was a member of both the robbery and drug distribution conspiracies. In his post-arrest statement, Mose described the plan hatched by him and his co-conspirators, consistently including himself in the group by using…

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