Sandoval-Mendoza

MEMORANDUM *

Ricardo Sandoval-Mendoza appeals his convictions for conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. He claims the district court abused its discretion in admitting out-of-court statements, denying his motion for severance, and denying his motion for a new trial. He also claims the government presented insufficient evidence to support either conviction. We affirm.

The district court properly admitted Eduardo Sandoval-Mendoza’s out-of-court statements. A co-conspirator’s out-of-court statements are admissible if corroborated by additional evidence establishing by a preponderance of the evidence the defendant was aware of the conspiracy. 1 Ricardo Sandoval-Mendoza’s knowledge of the conspiracy was corroborated by physical evidence, the eyewitness testimony of a confidential informant, and his own admissions. Because sufficient additional evidence established Ricardo Sandoval-Mendoza was aware of the conspiracy, the district court did not abuse its discretion in admitting Eduardo Sandoval-Mendoza’s statements.

The district court was within its discretion in denying Ricardo Sandoval-Mendoza’s motion for a severance.…