United States v. Larson
United States v. Larson
Opinion of the Court
MEMORANDUM
Robert C. Larson appeals his convictions of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, possession with intent to distribute over 50 grams of methamphetamine to a person under 21 years of age, in violation of 21 U.S.C. §§ 841(a)(1) and 849, and possession of firearms by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(9). He argues that under Federal Rule of Criminal Procedure 29, he is entitled to a judgment of acquittal on each count. We review Larson’s properly-preserved challenge to his conspiracy conviction de novo, See United States v. Carranza, 289 F.3d 634, 641 (9th Cir. 2002), and his remaining claims, which were not renewed at the close of all evidence, “only for plain error to prevent a miscarriage of justice.” United States v. Winslow, 962 F.2d 845, 850 (9th Cir. 1992).
Viewing the evidence in the light most favorable to the prosecution, it is clear that a rational juror could have found beyond a reasonable doubt: “(1) an agreement to accomplish an illegal objective, and (2) the intent to commit the underlying offense” of conspiracy to possess with intent to distribute methamphetamine. United States v. Herrera-Gonzales, 263 F.3d 1092, 1095 (9th Cir. 2001); see also Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The government presented extensive evidence at trial to establish far more than a mere buyer-seller relationship among Larson and his suppliers of methamphetamine. See United States v. Montgomery, 150 F.3d 983, 1002 (9th Cir. 1998) (“In United States v. Delgado ..., we explained that certain conduct ‘may be sufficient to indicate the existence of more than a buyer-seller relationship ... including: arranging contacts and meetings ... and transacting] in large quantities with regularity.’ ”) (quoting 4 F.3d 780, 791 (9th Cir. 1993) (Hall, J., concurring)); cf. United States v. Lennick, 18 F.3d 814, 819 (9th Cir. 1994). The evidence of conspiracy under 21 U.S.C. §§ 841(a)(1) and 846 was more than sufficient here, and a judgment of acquittal was not warranted.
Finally, the government presented sufficient evidence to prove the essential elements of possession of firearms by an unlawful user of a controlled substance under 18 U.S.C. § 922(g)(3): that Larson “took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.” United States v. Purdy, 264 F.3d 809, 812-13 (9th Cir. 2001). Officers testified to finding significant amounts of drugs and drug paraphernalia in Larson’s truck, in his home, and on his person; witnesses testified to seeing Larson use drugs nearly every time they saw him; and Larson himself testified that he smoked marijuana every couple of weeks. The evidence was more than sufficient to support a conviction under 18 U.S.C. § 922(g)(3).
The judgment of the district court is therefore AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts, we reference them here only as they are necessary to explain our decision.
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