Tirado
United States v. Tirado
Opinion
Lead Opinion
MEMORANDUM **
Jose Trinidad Tirado appeals from his jury-trial conviction and 120-month sentence for conspiracy to possess with intent to distribute methamphetamine, conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Tirado contends that the government committed prosecutorial misconduct by improperly referring to inadmissible evidence of prior acts when questioning him on cross-examination, and by improperly asking him to comment on the veracity of a federal law enforcement officer. He further contends that the district court erred by failing to properly instruct the jury on the intent element of possession with intent to distribute, and by imposing a statutory minimum sentence in the absence of an explicit jury determination of the actual amount of pure methamphetamine involved in the offense.
Because Tirado failed to object to these alleged errors at trial, we review these contentions under the deferential plain error standard. See United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d 508…