United States v. Ruben Perez-Cruz

MEMORANDUM ***

We write primarily for the parties who are familiar with the underlying facts. Defendant Ruben Perez-Cruz was charged with violating 21 U.S.C. §§ 841 and 846 for conspiring to distribute methamphetamine. At trial, Perez-Cruz moved for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(a). The district court denied the motion. Perez-Cruz did *623 not renew his motion at the close of all of the evidence. The jury concluded beyond a reasonable doubt that Perez-Cruz participated in the conspiracy.

Perez-Cruz appeals the denial of his motion' for judgment of acquittal based on the insufficiency of the evidence to support his conviction.

This court reviews defendant’s unre-newed motion for judgment of acquittal at the close of evidence for plain error. United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200-01 (9th Cir.2000).

To establish a drug conspiracy, the government must show: “ T) an agreement to accomplish an illegal objective; and 2) the intent to commit the underlying offense.’ ” United States v. Mincoff, 574 F.3d 1186, 1192 (9th Cir.2009) (quoting United States v. Barragan, 263 F.3d 919, 922 (9th Cir. 2001)). Circumstantial evidence…

concurring:

I concur in the result.

FILED

NOT FOR PUBLICATION MAR 12 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-10075

Plaintiff - Appellee, D.C. No. 2:10-cr-00575-JCM-VCF

v.

MEMORANDUM *

RUBEN PEREZ-CRUZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Submitted December 3, 2012 ** San Francisco, California

Before: CUDAHY,*** TROTT, and RAWLINSON, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Richard D. Cudahy, Senior Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit, sitting by designation. We write primarily for the parties who are familiar with the underlying facts.

Defendant Ruben Perez-Cruz was charged with violating 21 U.S.C. §§ 841 and

846 for conspiring to distribute methamphetamine.…