Baltazar-Magallan

MEMORANDUM *

Defendant Ramon Baltazar-Magallan 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 (3) 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). Baltazar-Magallan argues that the district court erred in denying his motion for judgment of acquittal under Fed.R.Crim.P. 29. 1 He also argues that the district court erred by imposing a 10-year mandatory minimum sentence on the basis of the quantity of narcotics that the jury found was involved in the conspiracy, without making a separate finding of the quantity of narcotics attributable to him. 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…