United States v. Isidro Serrano-Lopez, United States of America v. Eleodoro Lopez-Urias, Also Known as Lole, United States of America v. Elvia Rios

BEAM, Circuit Judge.

Defendants were jointly tried and convicted by a jury of possessing more than five kilograms of a mixture or substance containing a detectable amount of cocaine with the intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1). Each defendant appeals, asserting the district court1 erred in denying their motions for acquittal and new trial based on insufficient evidence, in refusing to give a “mere presence” instruction to the jury, and in improperly calculating the drug quantity involved in the offense. Defendant Rios also appeals the district court’s2…