Unpublished Disposition, 895 F.2d 1418 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 895 F.2d 1418 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.David AZNOE, Defendant-Appellant.

No. 88-1489.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 13, 1989.Decided Feb. 5, 1990.

Before CHOY, TANG and FLETCHER, Circuit Judges.


MEMORANDUM* 

David R. Aznoe appeals his convictions on various charges related to the manufacture of methamphetamine. We affirm.

DISCUSSION

Aznoe contends that the district court erred when it admitted the formulas, diagrams, receipts, chemistry textbooks, and catalogs from his bedroom closet because their admission violated Federal Rule of Evidence 404(b)'s prohibition against improper character evidence.

We conclude that both Aznoe and the government misconstrued this evidence as evidence of prior conduct. The district court admitted the items from Aznoe's bedroom closet as evidence connected to the conspiracy at issue. As such, we conclude that the evidence was relevant within the meaning of Federal Rule of Evidence 401 because it had a tendency to show that Aznoe knew and participated in the conspiracy. We also conclude that the district court did not abuse its discretion when it concluded that the probative value of this evidence outweighed its possibility for prejudice.

Aznoe contends that insufficient evidence supports his conspiracy conviction because there was insufficient evidence to establish Aznoe's participation in any methamphetamine manufacturing conspiracy.

Here, we conclude there was sufficient evidence to support Aznoe's conspiracy conviction. From the abundant evidence related to the operation of a drug lab (i.e. the operating drug lab found in the pump shed and the drug related items discovered in the basement), the jury could have concluded that a conspiracy existed. See, e.g., United States v. Meyers, 847 F.2d 1408, 1412-13 (9th Cir. 1988); United States v. Hernandez, 876 F.2d 774, 777-78 (9th Cir.), cert. denied, 110 S. Ct. 179 (1989). The only question, then, is whether the jury could find beyond a reasonable doubt that Aznoe had a knowing connection to the conspiracy. See Meyers, 847 F.2d at 1413.

We conclude that the following evidence provided sufficient evidence for any rational juror to find Aznoe guilty beyond reasonable doubt of conspiracy: (1) there was a methamphetamine lab on Aznoe's property; (2) Aznoe knew Coniglio who was the cook at the lab in the pump shed; (3) Aznoe admitted he permitted Coniglio access to the outer buildings; (4) agents found drug equipment in Aznoe's basement; (5) Aznoe lived in a room with methamphetamine formulas; and (6) Aznoe admitted he owned the binder that contained some of the formulas.

Aznoe contends that the district court erred when it denied his motion to disclose the identity of the confidential informant.

Our review of the sealed transcripts of the district court interview of the confidential informant revealed no evidence that would exculpate Aznoe. Consequently, we conclude the district court did not err when it denied Aznoe's motion to disclose the informant's identity.

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 9th Cir.R. 36-3