United States of America v. JAMES N. SCHWEDA, AKA Bud Weather

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES N. SCHWEDA, AKA Bud
Weather,
Defendant - Appellant.
No. 10-30377
D.C. No. 2:09-cr-00335-RSL-1
Western District of Washington,
Seattle
ORDER
Before: GRABER, FISHER, and RAWLINSON, Circuit Judges.
The memorandum disposition filed on February 21, 2012, is hereby
amended so that the paragraph numbered 3 reads:
3. The evidence was sufficient to support Schweda’s
convictions. The jury was entitled to credit the
testimony of Schweda’s co-conspirators, who
testified that Schweda sold them substantial
quantities of LSD, and sometimes fronted the LSD.
See United States v. Lindsey, 634 F.3d 541, 552
(9th Cir.), cert. denied, 131 S. Ct. 2475 (2011)
(recognizing that a reviewing court “cannot
second-guess the jury’s credibility assessments”);
see also United States v. Mincoff, 574 F.3d 1186,
1193 (9th Cir. 2009) (“[E]vidence of fronting may
support a conviction for conspiracy to distribute a
controlled substance.”).
FILED
APR 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30377 2
With this amendment, James N. Schweda’s petition for rehearing and
suggestion for rehearing en banc, filed on March 20, 2012, are DENIED.
The suggestion for rehearing en banc was circulated to the full court, and no
member of the court has requested an en banc hearing.
No further petitions for rehearing will be accepted.

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