United States v. Hung Van Nguyen

MEMORANDUM *

Hung Van Nguyen appeals his convictions for conspiracy to distribute, possession with intent to distribute, and distribution of cocaine in violation of 21 U.S.C. §§ 841 and 846, and 18 U.S.C. § 2 , raising multiple grounds for reversal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

With respect to the first issue Nguyen raises, we conclude that, based on the testimony of Xuan Van Nguyen (“Xuan”) and the DEA agents involved in the case, and viewing the evidence in the light most favorable to the government, a rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (outlining test); United States v. Rios, 449 F.3d 1009, 1011 (9th Cir.2006) (same). The evidence at trial established that Nguyen conspired with Xuan, Due Van Vu, and Bi Anh Le to sell cocaine to the informant, that he directed the negotiations and preparation of the cocaine at the apartment and therefore possessed the cocaine with intent to distribute, and that he provided the informant a sample of cocaine.

Second, we conclude that the district court did…