Marquez-Huazo

United States v. Marquez-Huazo

Good Law
337 F. App'x 652
United States Court of Appeals for the Ninth CircuitJune 23, 2009No. 08-30302California624 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Graciano MarquezHuazo was convicted of conspiracy and attempt to distribute more than 500 grams of methamphetamine, see 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), 846, and possession of a firearm in furtherance of a drug trafficking offense, see 18 U.S.C. § 924 (c)(1). Marquez-Huazo appeals the district court’s denial of his motion for acquittal on the possession of a firearm in furtherance charge; Marquez-Huazo also appeals the district court’s estimation of the methamphetamine quantity used to calculate his sentence under United States Sentencing Guideline § 2D1.1. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

On de novo review and viewing the evidence in the light most favorable to the prosecution, see United States v. Mosley, 465 F.3d 412, 414-15 (9th Cir.2006), we hold that the district court did not err by denying Marquez-Huazo’s motion for acquittal because a rational trier of fact could have found “a nexus between the gun[] discovered and the underlying offense.” United States v. Krouse, 370 F.3d 965, 968 (9th Cir.2004). Here, the nexus is demonstrated by the “proximity, accessibility, and strategic location of the firearm!]…

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