Filed: Sep. 19, 2011
Latest Update: Feb. 22, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 10-2982 _ UNITED STATES OF AMERICA v. MANUEL CHIRENO-GIL, Appellant _ On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 2-09-cr-00801-001 District Judge: The Honorable Timothy J. Savage _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 14, 2011 Before: SLOVITER, SMITH, and NYGAARD, Circuit Judges (Filed: September 19, 2011) _ OPINION _ SMITH, Circuit
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 10-2982 _ UNITED STATES OF AMERICA v. MANUEL CHIRENO-GIL, Appellant _ On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 2-09-cr-00801-001 District Judge: The Honorable Timothy J. Savage _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 14, 2011 Before: SLOVITER, SMITH, and NYGAARD, Circuit Judges (Filed: September 19, 2011) _ OPINION _ SMITH, Circuit J..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 10-2982
_____________
UNITED STATES OF AMERICA
v.
MANUEL CHIRENO-GIL,
Appellant
_____________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
District Court No. 2-09-cr-00801-001
District Judge: The Honorable Timothy J. Savage
_____________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
September 14, 2011
Before: SLOVITER, SMITH, and NYGAARD, Circuit Judges
(Filed: September 19, 2011)
_____________________
OPINION
_____________________
SMITH, Circuit Judge.
A grand jury returned a one-count indictment against Manuel Chireno-Gil,
charging him with attempted possession with the intent to distribute five kilograms
1
or more of cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). After the close
of the government’s case in chief, Chireno-Gil moved for a judgment of acquittal
under Federal Rule of Criminal Procedure 29(a). The United States District Court
for the Eastern District of Pennsylvania denied the motion. Thereafter, the jury
found Chireno-Gil guilty as charged. Chireno-Gil renewed his motion under Rule
29(c) to no avail. The District Court sentenced Chireno-Gil to, inter alia, 120
months’ imprisonment. This timely appeal followed, challenging the District
Court’s denial of the Rule 29 motion.1 We will affirm.
We “review[] the sufficiency of the evidence in the light most favorable to
the government and must credit all available inferences in favor of the
government.” United States v. Riddick,
156 F.3d 505, 509 (3d Cir. 1998). If a
rational juror could have found the elements of the crime beyond a reasonable
doubt, we must sustain the verdict. United States v. Cartwright,
359 F.3d 281, 286
(3d Cir. 2004).
Chireno-Gil contends that the District Court erred because the government
failed to offer evidence that permits an inference that he knew he was tendering
money in exchange for a controlled substance. The District Court denied the
motion summarily. After consideration of the government’s case-in-chief, we
conclude that there was sufficient evidence for a jury to find beyond a reasonable
1
The District Court exercised jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under
28 U.S.C. § 1291.
2
doubt that Chireno-Gil knew that the “50 kilos,” which he was about to receive in
exchange for a backpack full of $35,000 in cash, were controlled substances. We
will affirm.
3