United States v. Manuel Herrera-Osornio

MEMORANDUM

Defendants-Appellants Sixto Padilla-Gomez and Manuel Herrera-Osornio appeal their convictions for (1) conspiracy to distribute and possess with intent to distribute over 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), 846; (2) knowingly and intentionally possessing with intent to distribute over 100 kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ; and (3) knowingly possessing firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924 (c)(1) and 18 U.S.C. § 2 . Herrera-Osornio also appeals his convictions for knowingly and intentionally distributing a smaller quantity of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , and manufacturing over 1,000 marijuana plants, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Herrera-Osornio also appeals his sentence. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291, and we affirm.

1. There is sufficient evidence to sustain the guilty verdicts for both defendants on all counts. “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any…