Castillo

United States v. Castillo

Good Law
189 F. App'x 648
United States Court of Appeals for the Ninth CircuitJuly 14, 2006No. 05-30193California628 words

Opinion

Lead Opinion

MEMORANDUM *

Jacobo appeals his conviction and sentence for drug trafficking and conspiracy, alleging there was insufficient evidence to show that he was the person whose voice was recorded in phone calls with a confidential informant. Jacobo did not move for acquittal at the close of evidence; accordingly we review for plain error. Johnson v. United States, 520 U.S. 461, 466-67, 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997). Evidence showed Jacobo was taped in at least three calls during a sting operation, and in those calls responded to a nickname the confidential informant had given him during their prior acquaintance. The informant identified Jacobo’s voice and photograph, and testified Jacobo used an alias associated with the phone accounts accessed in the sting operation. We are satisfied the informant was sufficiently acquainted with Jacobo to permit the jury to “ ‘f[ind] the essential elements of the crime beyond a reasonable doubt.’ ” United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

Jacobo also complains that he did not receive constitutionally effective assistance of…

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