Pena

MEMORANDUM **

Daniel Remigio-Salcedo Pena appeals his jury trial conviction and sentence for conspiracy to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine; distribution of at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine; and possession with intent to distribute at least 50 grams of pure methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Pena argues that the district court erred in denying his motion for acquittal. See Fed.R.Crim.P. 29. We review the denial of a Rule 29 motion de novo. United States v. Munoz, 233 F.3d 1117, 1129 (9th Cir.2000). “There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, a rational jury could have found the elements of the crime beyond a reasonable doubt.” Id. (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

With respect to the conspiracy count, there was ample evidence presented that Pena 1) agreed to sell methamphetamine, 2) took overt steps in furtherance of…