United States of America, and v. Daniel Santistevan, and Cross-Appellee

BRORBY, Circuit Judge.

Daniel Santistevan was charged in an eight count redacted superseding indictment with distribution of cocaine and marijuana in violation of 21 U.S;C. § 841(a)(1). After a jury trial, he was convicted on seven of those eight counts. The district court, however, granted Mr. Santistevan’s post-trial motion for judgment of acquittal on three of the seven counts. He was thereafter sentenced to a term of seventy-eight months incarceration and five years of supervised release.

The single issue presented in his appeal is whether the district court erred in denying his request for…