United States v. Javier Portillo ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50142
Plaintiff-Appellee, D.C. No. 3:16-cr-00858-W
v.
MEMORANDUM*
JAVIER PORTILLO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Javier Portillo appeals from the district court’s judgment and challenges his
jury-trial conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Portillo contends that there was insufficient evidence for the jury to conclude
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
that Portillo knew about the cocaine hidden in his vehicle when he crossed the
border. We review de novo, asking whether, viewing the evidence in the light
most favorable to the government, “any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt.” United States v. Diaz-
Cardenas, 351 F.3d 404, 407 (9th Cir. 2003). The government presented evidence
that Portillo was the owner, driver, and sole occupant of a vehicle containing
almost 50 pounds of cocaine in an elaborate non-factory compartment. Viewing
this evidence in the light most favorable to the government, a rational trier of fact
could have found beyond a reasonable doubt that Portillo had knowledge of the
cocaine hidden in his vehicle. See id. (“A jury can infer knowledge when an
individual is the driver and sole occupant of the vehicle. A jury can also infer
knowledge from possession of a large quantity of drugs.” (citation omitted)).
AFFIRMED.
2 17-50142