Zamorano-Leyva
United States v. Zamorano-Leyva
Opinion
Lead Opinion
MEMORANDUM **
Jaime Zamorano-Leyva (“Defendant”) appeals from his four-day jury trial conviction and sentence for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) & (b)(l)(A)(vii), challenging the sufficiency of the evidence to support his conviction, and the District Court’s denial of his motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. Reviewing the sufficiency of the evidence in the light most favorable to the prosecution, United States v. Willard, 230 F.3d 1093, 1095 (9th Cir.2000), we affirm Defendant’s sentence and conviction.
Defendant argues that the Government produced insufficient evidence that he had knowledge, intent, or awareness of the presence of 1,431 kilograms of marijuana in the tractor-trailer he was driving. The district judge’s denial of Defendant’s Rule 29 motion is reviewed de novo, United *558 States v. Tubiolo, 134 F.3d 989, 991 (9th Cir.1998), and the sufficiency of the evidence is to be considered in the light most favorable to the prosecution. See United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1201 (9th Cir.2000) (“all reasonable inferences are to be drawn in favor of the…