Gordiano-Vergara

MEMORANDUM ***

Defendant-Appellant Luis Gordiano-Vergara was charged with and convicted of: (1) Conspiracy to Possess with Intent to Distribute Marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(vii), and 846; (2) Possession with Intent to Distribute Marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(B)(vii); and (3) Employment and Use of a Person Under 18 in violation of 21 U.S.C. §§ 841 (a)(1) and 861(a)(1). In addition to the general verdicts of guilty on each of these charges, the jury also returned three special verdiets, including a verdict finding that Appellant had obstructed justice. In determining Appellant’s sentence, the District Judge found that a two-level enhancement under the Sentencing Guidelines was appropriate in light of Gordiano-Vergara’s efforts to obstruct justice. Appellant contends that the evidence was insufficient to support a conviction and that the imposition of a two-level enhancement was unwarranted because obstruction of justice was not charged in the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. ‘We review de novo a district court’s denial of a motion for judgment of acquittal.”…