United States of America, Plaintiff-appellee, v. Manuel Suazo-ochoa, A/k/a Ricardo Corro-munoz, Defendant-appellant, 892 F.2d 1047 (9th Cir. 1989)Annotate this Case
Submitted Dec. 6, 1989. *Decided Dec. 15, 1989
Before BROWNING, BOOCHEVER, and KOZINSKI, Circuit Judges.
Suazo-Ochoa appeals the district court's denial of his motion for acquittal on the ground the evidence did not show he knew the vehicle contained marijuana. Drawing the reasonable inferences in favor of the government, United States v. Fleishman, 684 F.2d 1329, 1340 (9th Cir. 1982), even from the circumstantial evidence set out by Suazo-Ochoa in his brief, Blue Brief at 15-16, a rational trier of fact could find Suazo-Ochoa to have been a knowing participant in the drug importation and distribution conspiracies of which he was convicted by the jury. After finding Suazo-Ochoa guilty of the conspiracy offenses, a jury could properly find him guilty of the substantive offenses as well under either an aiding and abetting theory, United States v. Smith, 832 F.2d 1167, 1170 (9th Cir. 1987), or a Pinkerton theory, United States v. Vasquez, 858 F.2d 1387, 1393 (9th Cir. 1987).