FILED
NOT FOR PUBLICATION
APR 08 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30031
Plaintiff - Appellee, D.C. No. 1:13-cr-00232-BLW-1
v.
MEMORANDUM*
JUAN PABLO VILLASENOR-VILLA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Submitted April 4, 2016**
Seattle, Washington
Before: HAWKINS, RAWLINSON, and CALLAHAN, Circuit Judges.
Defendant-Appellant Juan Pablo Villasenor-Villa (Villasenor) was convicted
by a jury of manufacturing more than 1,000 marijuana plants, in violation of 21
U.S.C. § 841; possession of a controlled substance with intent to distribute, in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
violation of 21 U.S.C. § 841; engaging in a continuing criminal enterprise, in
violation of 21 U.S.C. § 848; and injury to government property, in violation of 18
U.S.C. § 1361. He challenges only his conviction for engaging in a continuing
criminal enterprise.
Contrary to Villasenor’s contention, there was sufficient evidence from
which the jury could determine that Villasenor organized, supervised, or otherwise
managed at least five individuals, as required for a conviction under 21 U.S.C.
§ 848. Specifically, there was sufficient circumstantial evidence from which the
jury could infer that Villasenor held an organizer-manager position over six
people. See United States v. Baker, 10 F.3d 1374, 1409-10 (9th Cir. 1993), as
amended (holding that the “organizer, supervisor, or manager” element of the
statute was met where the defendants organized “underlings in the Company’s
drug manufacturing and distribution activities”), overruled on other grounds by
United States v. Nordby, 225 F.3d 1053, 1059 (9th Cir. 2000).
AFFIRMED.
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