United States v. Jackson

MEMORANDUM *

Mieko Jackson appeals her conviction and sentence on charges that she conspired to distribute pseudoephedrine knowing and having reasonable cause to believe that it would be used to manufacture methamphetamine, and to aid and abet the manufacture of methamphetamine (count one); conspiracy to launder money (count five); and money laundering (counts eight-eleven). She raises a number of issues, none of which requires reversal except for sufficiency of the evidence to sustain her conviction on count one. We reverse as to that count, which moots her claims of instructional error and the sentencing issues that pertain only to count one, and otherwise affirm.

Jackson argues there is no evidence that she knew or intended that pseu-doephedrine was to be used to manufacture methamphetamine. Under United States v. Johal, 428 F.3d 823 (9th Cir. 2005), the standard for conviction is “reasonable cause to believe” that the pseu-doephedrine would be used to make an illegal drug. Id. at 826 . The government points out that Jackson transported and unloaded pseudoephedrine, converted cash into money orders, and allowed cash to be deposited into her account. While the jury could find…

dissenting.

I respectfully dissent as to the reversal of Mieko Jackson’s conviction on count one for conspiring to distribute pseudoephed-rine (a controlled substance) knowing and having reasonable cause to believe that it would be used to manufacture methamphetamine, and for aiding and abetting the manufacture of methamphetamine. The evidence here was sufficient for the jury to infer beyond a reasonable doubt that Jackson had reason to know the pseudoephed-rine she helped Galeb Mizyed distribute was being used to manufacture methamphetamine by Miguel Sarabia.

The testimony of Mizyed, Sarabia, and David Wallace established the following: Jackson helped Mizyed haul a truck full of pseudoephedrine across the United States from where he purchased it in Canada. Jackson saw numerous, large boxes of pseudoephedrine stored in the garage at Mizyed’s house, where she lived with him. Jackson also paid for storage units to house the pseudoephedrine. Jackson helped Mizyed deliver the pseudoephed-rine to Sarabia. Jackson knew Mizyed was doing business with Sarabia, and was present at some of the sales transactions. She knew Sarabia was paying Mizyed thousands of dollars for the…