Reyes-Ponce
United States v. Reyes-Ponce
Opinion
Lead Opinion
MEMORANDUM *
Defendant Biviano Reyes-Ponce appeals his convictions for (1) conspiracy to distribute narcotics, in violation of 21 U.S.C. §§ 841 (a)(1) and 846; (2) aiding and abetting the possession of narcotics with the intent to distribute, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1); and (8) possession of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(l)(A)(i). Reyes-Ponce argues that the district court erred in denying his motion for acquittal under Fed.R.Crim.P. 29 on the basis of insufficient evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review de novo a defendant’s challenge to the sufficiency of the evidence where, as here, the challenge was properly raised before the district court. See United States v. Pearson, 391 F.3d 1072, 1075 (9th Cir.2004). There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v.…