Arnell

United States v. Arnell

Good Law
187 F. App'x 724
United States Court of Appeals for the Ninth CircuitJune 29, 2006Nos. 04-30255, 04-30256, 04-30257, 04-30288, 04-30403California2,826 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants Shawn Arnell, Allen Bramble, Benjamin McChesney, and Michael McChesney appeal their convictions on methamphetamine-related charges. Defendants Arnell, Bramble, and Wesley Kindsfather appeal their sentences. We have jurisdiction under 28 U.S.C. § 1291 . For the reasons stated below, we affirm Defendants’ convictions; vacate Arnell’s sentence and remand for resentencing; remand Kindsfather’s sentence pursuant to Ameline; 1 and affirm Bramble’s sentence.

Because the parties are familiar with the facts and procedural history of the case, we do not recite them here except as necessary to our decision.

I. Sufficiency of the Evidence Claims

A. Variance

First, Arnell and M. McChesney claim there was a fatal variance between the single conspiracy alleged in the indictment and the multiple conspiracies Defendants claim the government proved at trial. “The issue of whether a single conspiracy has been proved is a question of the sufficiency of the evidence.” United States v. Duran, 189 F.3d 1071, 1078 (9th Cir.1999) (citing United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984)). Accordingly, viewing the evidence in the light most favorable to the government,…

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