United States v. Rashaad Laws

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 10 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-50031 Plaintiff-Appellee, D.C. No. 2:10-cr-00923-SJO-44 v. RASHAAD LARAY LAWS, AKA Henry MEMORANDUM* Anderson, AKA Big Time, AKA Seal C, Defendant-Appellant. Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding Argued and Submitted July 5, 2016 Pasadena, California Before: MURGUIA and WATFORD, Circuit Judges, and BOLTON,** District Judge. Appellant Rashaad Laws appeals his convictions for racketeering conspiracy in violation of 18 U.S.C. § 1962(d) and drug trafficking conspiracy in violation of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. 21 U.S.C. § 846. Laws challenges the sufficiency of the evidence used to convict him of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and drug trafficking conspiracies. This Court has jurisdiction over this direct appeal pursuant to 28 U.S.C. § 1291. We affirm. We review a claim for sufficiency of the evidence de novo. United States v. Garcia-Paz, 282 F.3d 1212, 1217 (9th Cir. 2002). A conviction is supported by sufficient evidence if, in viewing evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Wright, 215 F.3d 1020, 1025 (9th Cir. 2000) (citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)). Laws’s sufficiency of the evidence argument fails as to both his RICO conspiracy1 and drug trafficking conspiracy counts. On the RICO conspiracy count, the Government’s evidence showed that Laws participated in gang activity including robberies; bought, sold, and made drugs; and encouraged other members to do the same including taking other members on “missions” to prove themselves. A rational jury could have concluded that Laws knowingly participated in the RICO conspiracy. See United States v. Dunn, 564 F.2d 348, 357 (9th Cir. 1977) (noting that even a slight connection between the defendant and the conspiracy is sufficient to show knowing 1 The predicate offenses of the RICO conspiracy alleged in the indictment included robbery, murder, and drug trafficking. 2 participation). The Government also presented sufficient evidence to support Laws’s drug trafficking conspiracy conviction. See United States v. Moe, 781 F.3d 1120, 1125 (9th Cir. 2015) (requiring more than a buyer-seller relationship for a conviction on a drug trafficking conspiracy). The Government’s evidence showed that Laws resupplied gang members with drugs, benefitted from the gang’s drug selling monopoly, and operated a cocaine stash house where he and other gang members converted cocaine to crack cocaine for resale. A rational jury could have concluded that Laws knew of and participated in the gang’s drug trafficking conspiracy. Wright, 215 F.3d at 1025. AFFIRMED. 3