Orantez

MEMORANDUM ***

Defendant Mark A. Orantez appeals his conviction for conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(vii), and 846, and his conviction for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). He argues that insufficient evidence supported the two convictions. Reviewing de novo, and viewing the evidence in the light most favorable to the government, United States v. Mann, 389 F.3d 869, 874, 878 (9th Cir.2004), we affirm the first conviction, reverse the second conviction, and remand for resentencing.

1. Sufficient evidence supported the drug conspiracy conviction. See United States v. Barragan, 263 F.3d 919, 922 (9th Cir.2001) (“To establish a drug conspiracy, the government must prove: 1) an agreement to accomplish an illegal objective; and 2) the intent to commit the underlying offense.” (internal quotation marks omitted)). Among other things: Police officers arrested Defendant and one co-conspirator in a house that contained almost 500 pounds of marijuana. During police surveillance the day before, officers observed Defendant and his…