United States of America v. Jesus Rivera-Alvarado

* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS RIVERA-ALVARADO,
Defendant - Appellant.
No. 10-10539
D.C. No. 2:09-cr-01114-GMS-5
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Argued and Submitted April 19, 2012
San Francisco, California
Before: SCHROEDER, THOMAS, and GRABER, Circuit Judges.
Defendant Jesus Rivera-Alvarado appeals his sentence following his
convictions for conspiracy to distribute and possess with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 846; distribution and possession
with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841;
possession of a firearm in furtherance of a drug-trafficking crime, in violation of
FILED
APR 24 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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18 U.S.C. § 924(c); and being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g), 924(a). We affirm.
The district court did not err in admitting the jury verdict during the hearing
under 21 U.S.C. § 851. We assume, without deciding, that the Federal Rules of
Evidence apply to a hearing under 21 U.S.C. § 851. Federal Rule of Evidence
201(b)(2) permits a court to take judicial notice of a fact that "can be accurately
and readily determined from sources whose accuracy cannot reasonably be
questioned." Those requirements plainly were met here. Judicial notice of the
verdict, as was requested by the government, was therefore proper.
AFFIRMED.

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