Gomez-Guevara

United States v. Gomez-Guevara

Good Law
235 F. App'x 466
United States Court of Appeals for the Ninth CircuitJuly 23, 2007Nos. 06-30444, 06-30558California307 words

Opinion

Lead Opinion

MEMORANDUM ****

Francisco Gomez-Guevara and Alvaro Quintana-Ramirez challenge the sufficiency of the evidence underlying their convictions for violating 21 U.S.C. §§ 841 and 846 following a jury trial. Because they failed to preserve their sufficiency of the evidence claims, we can reverse their convictions “only upon plain error or to prevent manifest injustice.” United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the defendants’ convictions.

There was sufficient evidence from which a rational jury could have concluded that both Gomez and Quintana were guilty of the charged offenses. The government introduced the following evidence against Gomez: (1) drug enforcement agents testified that Gomez admitted in a post-arrest interview that he sold methamphetamine; (2) co-defendant Maria Vidriezca-Guzman testified that she fronted methamphetamine to Gomez because she knew he was a seller; and (3) Gomez discussed selling methamphetamine in recorded phone conversations with co-defendants. Viewing this evidence in the light most favorable to the government, a rational jury could have found beyond a reasonable doubt…

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