Hernandez

United States v. Hernandez

Good Law
234 F. App'x 735
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 06-10523California447 words

Opinion

Lead Opinion

MEMORANDUM **

Israel Hernandez appeals his jury conviction and 292-month sentence. Because the parties are aware of the facts of the case, we do not recount them here. We affirm.

Hernandez argues that the evidence was insufficient to support his conviction for possession with intent to distribute 1,776 grams of methamphetamine. Where, as here, the defendant fails to move for acquittal at the close of the government’s presentation of its case at trial, this court “will review a claim of insufficiency of the evidence only for plain error.” United States v. Tavakkoly, 238 F.3d 1062, 1067 (9th Cir.2001) (quoting United States v. Carpenter, 95 F.3d 773, 775 (9th Cir.1996)). To determine whether the district court erred in this respect we “review the sufficiency of the evidence supporting [the] conviction by examining whether, 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.” Id. (quoting United States v. Willard, 230 F.3d 1093, 1095 (9th Cir.2000)).

Ample evidence supported Hernandez’s conviction for possession with intent to distribute 1,776 grams of…

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