Cardenas

United States v. Cardenas

Good Law
227 F. App'x 583
United States Court of Appeals for the Ninth CircuitApril 2, 2007No. 06-10037California317 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Francisco Cardenas appeals from his jury conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cardenas contends that the district court erred in denying his motion for judgment of acquittal under Fed.R.Crim.P. 29, because the Government failed to present evidence to prove knowing possession. See United States v. Mora, 876 F.2d 76, 77 (9th Cir.1989) (setting forth elements of possession with intent to distribute charge). We review de novo and conclude that the evidence, when viewed as a whole and in the light most favorable to the prosecution, supports at least a plausible inference of Cardenas’s knowledge. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

Cardenas drove to an area known for narcotics trafficking, where nearly 62 pounds of marijuana were loaded into his vehicle. An agent testified that Cardenas’s passenger admitted he knew that the bundles contained marijuana and knew where Cardenas intended to deliver the *584 drugs. From this and other evidence adduced at trial, including evidence regarding…

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