Testo completo
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Susan H. Black, United States Senior Circuit Judge for
the Eleventh Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDRES COLLADO-ROJAS,
Defendant - Appellant.
No. 11-30190
D.C. No. 4:10-cr-00073-BLW-6
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Submitted August 9, 2012 **
Seattle, Washington
Before: GRABER, RAWLINSON, and BLACK*** , Circuit Judges.
Appellant Andres Collado-Rojas (Collado-Rojas) challenges his convictions
for conspiracy to distribute methamphetamine and possession of methamphetamine
FILED
AUG 13 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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with intent to distribute. Collado-Rojas maintains that there was insufficient
evidence to support his convictions because he was misidentified as his brother.
Given the numerous in-court identifications of Collado-Rojas as involved in
the methamphetamine conspiracy, there was sufficient evidence supporting
Collado-Rojas’s convictions and, viewing the evidence in the light most favorable
to the prosecution, “any rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt,” including Collado-Rojas’s
identity. United States v. Del Toro-Barboza, 673 F.3d 1136, 1143 (9th Cir. 2012)
(citation omitted) (emphasis in the original).
AFFIRMED.
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