United States v. Kenneth Murray

MEMORANDUM

Kenneth Murray appeals his conviction for conspiracy to distribute controlled sub stances. He does not challenge the existence of the charged drug-distribution conspiracy, but rather contends that the evidence was insufficient to support the jury’s finding that he was connected to it.

All the evidence in this case, taken together and viewed “in the light most favorable to the prosecution,” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), was sufficient for a rational trier of fact to have found beyond a reasonable doubt that Murray was connected with the conspiracy. See United States v. Corona-Verbera, 509 F.3d 1105, 1117-18 (9th Cir.2007) (proof beyond a reasonable doubt of even a slight connection to the charged conspiracy is sufficient). For example, in wiretap recordings played at trial, a caller consistently identifying himself as “Kenny” used code words to order 'from co-conspirators what trial testimony indicated were substantial amounts of drugs. Those calls originated from a land line registered to the same address at which DMV records indicated Murray lived at the time. The jury heard these calls and compared the voice on it to…