Cruz

MEMORANDUM *

A jury convicted appellant, John Cruz, on three counts: (1) conspiracy to distribute more than five and less than fifty grams of methamphetamine hydrochloride (methamphetamine) from January to July 2005; (2) distribution of 7.7 grams of methamphetamine on June 25, 2005; and (3) distribution of approximately three grams of methamphetamine on July 18, 2005.

We conclude that there was insufficient evidence to convict Cruz on Counts I and II, and we reverse in part. Because the facts are familiar to the parties, we do not recite them here.

Claims of insufficiency of evidence are reviewed de novo. United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). 1 The reviewing court asks 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.” Id. (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

A. Count I: Conspiracy

To show the existence of a conspiracy, the government must prove:

United States v. Citing Tang Lo, 447 F.3d 1212, 1226 (9th Cir.2006). Here, the government failed to meet its burden to…