Elm

United States v. Elm

Good Law
283 F. App'x 554
United States Court of Appeals for the Ninth CircuitJune 25, 2008No. 06-10641California419 words

Opinion

Lead Opinion

MEMORANDUM **

Brian Elm appeals his conviction following trial to a jury on one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 , 846. We affirm.

I

Ample evidence supports the jury’s finding beyond a reasonable doubt that Elm participated in a conspiracy whose scope he knew. Four witnesses testified that he started the drug trafficking scheme in the fall of 2004 and was active in it until he dropped out in March, 2005 when he was incarcerated. Even then, however, Elm introduced Aponik to Cruz (his main distributor) so that the operation would continue. Although Elm testified to the contrary, the jury was free to disbelieve him and to credit those who explained his involvement.

That the jury acquitted Elm on money laundering counts does not mean that he must be acquitted on the drug conspiracy count, as Elm maintains. Jury verdicts are not reviewed for consistency. United States v. Dota, 33 F.3d 1179, 1187 (9th Cir.1994). As there was sufficient evidence to find him guilty of conspiring to distribute meth, his conviction on that count stands.

*556 II

As Elm failed to object to admission of Exhibit 2B, our review is for plain error. We see…

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