Gonzalez-Lopez

United States v. Gonzalez-Lopez

Good Law
276 F. App'x 550
United States Court of Appeals for the Ninth CircuitApril 24, 2008No. 05-50406California1,217 words

Opinion

Lead Opinion

MEMORANDUM **

Ruben Gonzalez-Lopez (“Gonzalez”) appeals his conviction for conspiracy to possess with intent to distribute, and to distribute methamphetamine under 21 U.S.C. § 846 ; possession with intent to distribute methamphetamine under 21 U.S.C. § 841 (a)(1), (b)(1)(A); carrying a firearm during a drug trafficking crime under 18 U.S.C. § 924 (c); and possession of a firearm under 18 U.S.C. § 922 (g)(1). This court has jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 .

The parties are familiar with the facts and procedural background, so we do not recite them here. We affirm the conviction, vacate the sentence, and remand for resentencing.

*552 I. Sufficiency of the Evidence

A conviction for conspiracy requires proof of at least a “slight” connection between the defendant and the conspiracy at issue. United States v. Aichele, 941 F.2d 761, 763 (9th Cir.1991). Gonzalez’s behavior does not suggest he was simply “unwittingly associating with individuals involved in a drug conspiracy.” United States v. Bautista-Avila, 6 F.3d 1360, 1363 (9th Cir.1993). Gonzalez’s conduct, along with his co-defendant’s gestures toward him during the meeting with the government agent,…

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