Sablan

United States v. Sablan

Good Law
259 F. App'x 946
United States Court of Appeals for the Ninth CircuitDecember 14, 2007No. 07-10168California1,230 words

Opinion

Lead Opinion

MEMORANDUM ***

Julita Aldan Sabían appeals the district court’s denial of her motion for a judgment of acquittal. Sabían was indicted for: (1) conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C), 846; and (2) possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C). At the close of the evidence, Sabían moved for a judgment of acquittal asserting there was insufficient evidence to support a conviction. The district court denied the motion, and the jury convicted Sabían on both counts. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the facts are known to the parties, we revisit them only as necessary.

“When, as in this case, a claim of sufficiency of the evidence is preserved by making a motion for acquittal at the close of the evidence, this court reviews the district court’s denial of the motion de novo.” United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). There is sufficient evidence to support a conviction if “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could…

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