Espinoza-Durazo

United States v. Espinoza-Durazo

Good Law
253 F. App'x 677
United States Court of Appeals for the Ninth CircuitNovember 6, 2007No. 06-10632California1,393 words

Opinion

Lead Opinion

MEMORANDUM ***

Ana Lourdes Espinoza-Durazo appeals from her conviction of one count of conspiracy to possess marijuana with intent to distribute, 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C), and 846, and one count of possession of marijuana with intent to distribute, 21 U.S.C. § 841 (a)(1) and (b)(1)(C). She also appeals the sentence imposed on her of sixty months’ imprisonment on each count, to be served concurrently, followed by thirty-six months’ supervised release. We affirm the judgment of conviction and the sentence imposed.

I.

There was evidence that, taken in the light most favorable to the verdict, would allow a rational finder of fact to find the essential elements of the crimes beyond a reasonable doubt. See United States v. Clayton, 108 F.3d 1114, 1116 (9th Cir.1997). Espinoza admitted to Officer Allen that she knew the bags in the car she was riding in contained marijuana. Officer Allen’s supplemental report said that Espinoza admitted that she, rather than her son, was responsible for the marijuana in the car. Though the credibility of Allen’s supplemental report could be questioned because he did not make the report until a month after the incident, the weight to be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.