Rouse

United States v. Rouse

Good Law
273 F. App'x 641
United States Court of Appeals for the Ninth CircuitApril 11, 2008No. 07-30136California1,488 words

Opinion

Lead Opinion

*643 MEMORANDUM *

Kimberley Rouse appeals her jury conviction and sentence for one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C) and 18 U.S.C. § 2 . Rouse contends that (1) insufficient evidence supported her conviction, (2) the district court improperly admitted certain testimony, and (3) her sentence is unreasonable. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I. Sufficiency of the Evidence

Under 21 U.S.C. § 841 (a)(1), the government must prove that Rouse knowingly possessed marijuana with intent to distribute. See United States v. Magallon-Jimenez, 219 F.3d 1109, 1112 (9th Cir. 2000). Rouse argues insufficient evidence supported the jury’s finding that she knowingly possessed marijuana or that she intentionally aided and abetted the other defendants’ criminal venture to distribute it. We review claims of insufficient evidence de novo. See United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). When considering a sufficiency of evidence claim, “the relevant question is whether, after viewing the…

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