United States v. Andres Garcia

The jury was presented with enough evidence at trial to find Garcia guilty beyond *505a reasonable doubt. Viewing that evidence under the controlling legal standard of FED. R. CRIM. P. 29(c), I respectfully part company with my colleagues and defer to the jury's verdict.

A. The Trial Evidence

After a three-day trial, receiving instructions, and deliberating, the jury unanimously convicted Garcia on two counts: (1) using a cell phone to distribute a controlled substance in violation of 21 U.S.C. § 843(b) ; and (2) knowingly and intentionally distributing a controlled substance in violation of 21…