FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30211
Plaintiff - Appellee, D.C. No. 4:10-cr-00131-BLW-14
v.
MEMORANDUM *
JESUS SANCHEZ-CARRANZA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Submitted October 11, 2012 **
Portland, Oregon
Before: SILVERMAN, CLIFTON, and N.R. SMITH, Circuit Judges.
Jesus Sanchez-Carranza appeals his jury conviction and sentence. Sanchez-
Carranza challenges the jury verdict, asserting that the evidence was not sufficient
*
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).
to sustain a conviction for conspiracy to distribute methamphetamine beyond a
reasonable doubt. He further objects to the district judge's failure to grant him a
minimal participant downward adjustment under U.S.S.G. § 3B1.2. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm the jury conviction and
sentence.
1. The district court did not err in denying the motion for judgment of acquittal,
because the evidence was sufficient to sustain the conviction. There was ample
circumstantial and direct evidence showing that Sanchez-Carranza made an
agreement with a co-conspirator to distribute methamphetamine. Specifically,
Sanchez-Carranza’s co-conspirator testified at trial, establishing that (1) he
contacted Sanchez-Carranza to get the methamphetamine to sell to Detective
Marley; (2) he received the methamphetamine from Sanchez-Carranza; and (3) he
gave Sanchez-Carranza some of the money after the purchase, to pay for the
methamphetamine. This same testimony also provides sufficient evidence that a
jury could conclude Sanchez-Carranza knowingly and intentionally participated in
the conspiracy. See United States v. Herrera-Gonzalez, 263 F.3d 1092, 1097 (9th
Cir. 2001) (“The evidence of [defendant’s] participation in the activities of the
conspiracy with knowledge of its criminal activity and an intention to further that
activity takes this case out of the ‘mere presence’ line of authority.”). Proof of an
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overt act is not required to establish a conspiracy under 21 U.S.C. § 846. United
States v. Suarez, 682 F.3d 1214, 1219 (9th Cir. 2012).
2. The district court did not clearly err in denying the minimal participant
downward adjustment. To the contrary, the record clearly indicated that Sanchez-
Carranza supplied the methamphetamine. Sanchez-Carranza did not offer any
evidence showing that he was substantially less culpable than his co-participant in
the offenses.
AFFIRMED.
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