United States v. Nelson

MEMORANDUM **

Shawn J. Nelson appeals his conviction for possession of iodine, a precursor to the manufacture of methamphetamine, in violation of 21 U.S.C. § 841 (c)(2), or for aiding and abetting the same, in violation of 18 U.S.C. § 2 . Nelson was driving the vehicle in which his co-defendant, Kenneth Dirk Madsen, was riding after purchasing four bottles of seven percent iodine tincture solution. On this appeal, Nelson argues that (1) there was insufficient evidence at trial that the possession of iodine tincture solution constituted possession of iodine; (2) there was insufficient evidence that Nelson knew or had reasonable cause to believe that the tincture solution would be used to manufacture a controlled substance; and (8) his trial counsel’s failure to object to testimony that he had smoked methamphetamine on the day of his arrest constituted prejudicial ineffective assistance of counsel.

We review Nelson’s sufficiency of evidence challenges de novo. United States v. Naghani, 361 F.3d 1255, 1261 (9th Cir.2004); United States v. Stoddard, 150 F.3d 1140, 1144 (9th Cir.1998). Nelson argues that the government failed to present sufficient evidence that the iodine within the…