United States v. Smith

MEMORANDUM ***

1. Sufficient evidence exists to support Defendant’s convictions. In reviewing the *956 sufficiency of the evidence to support a criminal conviction, the inquiry is 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.” Sarausad v. Porter, 479 F.3d 671, 677 (9th Cir.2007). Sufficient evidence exists here to support the jury’s conviction of Defendant under 18 U.S.C. § 924 (c)(1)(A) because Defendant possessed a firearm in furtherance of a drug trafficking crime. See, e.g., United States v. Hector, 474 F.3d 1150, 1157 (9th Cir.2007). Sufficient evidence also exists to support the jury’s conviction of Defendant under 21 U.S.C. § 841 U.S.C. § 922(g).

2. The district did not err in excluding at trial potentially exculpatory statements made by Defendant to authorities. “[Sjelfinculpatory statements, when offered by the government, are admissions by a party-opponent and are therefore not hearsay, but ... non-self-inculpatory statements are inadmissible hearsay.” United States v. Ortega, 203 F.3d 675, 682 (9th Cir.2000). Defendant’s…