UNITED STATES v. GARCIA MUNGUIA (2021)

MEMORANDUM **

A jury found Jose Garcia-Munguia (Garcia) guilty of conspiracy to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1), 846, and conspiracy to launder monetary instruments, 18 U.S.C. § 1956(a), (h). Garcia appeals, arguing that there was insufficient evidence to support either count of conviction. “Claims of insufficient evidence to support a jury verdict are reviewed de novo.” United States v. Vazquez-Hernandez, 849 F.3d 1219, 1229 (9th Cir. 2017). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. The evidence was sufficient to prove a financial transaction, as required under 18 U.S.C. § 1956. “A financial transaction includes a ‘transfer, delivery, or other disposition’ of money.” United States v. Gough, 152 F.3d 1172, 1173 (9th Cir. 1998) (quoting 18 U.S.C. § 1956(c)(3)). Here, the evidence showed that Garcia's car, with a Hispanic male passenger inside, parked briefly next to the car where the proceeds were found; Garcia's trunk quickly opened and shut again; and over 40 of Garcia's fingerprints were found on the packaging containing the proceeds. Additionally, the government established that Garcia coordinated many other drug-proceeds deliveries. Thus, viewing the facts in the light most favorable to the government, Vazquez-Hernandez, 849 F.3d at 1229, a rational juror could have found beyond a reasonable doubt that Garcia delivered drug proceeds to a co-conspirator.

2. The government also proved that the financial transaction affected interstate or foreign commerce. Under 18 U.S.C. § 1956(a)(1), the government needed to show only that monetary proceeds from a drug trafficking transaction “had a minimal effect on interstate commerce.” See United States v. Ripinsky, 109 F.3d 1436, 1444 (9th Cir.), as amended, 129 F.3d 518 (9th Cir. 1997) (emphasis added), overruled on other grounds by United States v. Sablan, 114 F.3d 913, 916 (9th Cir. 1997) (en banc). It is well-established that intrastate drug trafficking has a substantial effect on interstate commerce. United States v. Rodriguez, 360 F.3d 949, 957 (9th Cir. 2004); see also United States v. Tisor, 96 F.3d 370, 375 (9th Cir. 1996). Because the evidence showed that Garcia was involved in drug activities and that he sent related proceeds to Mexico, the government satisfied its burden of proving a minimal effect on interstate and foreign commerce.

3. Finally, the evidence was sufficient to prove that Garcia conspired to distribute methamphetamine. Although a buyer-seller relationship is insufficient to establish an agreement for a conspiracy conviction, United States v. Loveland, 825 F.3d 555, 562 (9th Cir. 2016), the government demonstrated that Garcia played a significant role in his co-conspirator's drug-trafficking operation. Accordingly, Garcia's challenge to his conviction under 21 U.S.C. §§ 841(a)(1) and 846 fails.

AFFIRMED.