Guerrero

United States v. Guerrero

Good Law
345 F. App'x 274
United States Court of Appeals for the Ninth CircuitSeptember 9, 2009No. 08-50412California568 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Manuel Danny Guerrero appeals his jury conviction of one count of importation of 500 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2 ; and one count of possession of 500 grams or more of a mixture and substance containing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2 . He also challenges the district court’s imposition of a 240-month sentence. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The evidence viewed in the light most favorable to the government was sufficient to support Guerrero’s conviction on both counts. See United States v. Norwood, 555 F.3d 1061, 1065 (9th Cir.2009). The codefendant’s testimony establishing that Guerrero was aware of the plan to import the drugs in the car registered to Guerrero was not facially incredible and was partially corroborated by independent evidence that Guerrero and the codefen-dant had entered the country in the car on several other occasions. See United States v. Yossunthorn, 167 F.3d 1267, 1270 (9th Cir.1999) (“Because the witnesses’ testimony was not incredible on its face,…

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