U.S. v. Lopez

Record contained sufficient evidence to support jury’s guilty verdict on charge of attempted possession with intent to distribute methamphetamine under circumstances where police officials intercepted individual transporting methamphetamine from Texas to Illinois on behalf of defendant, after defendant had participated in phone calls that had been intercepted by police following issuance of warrant. Record showed that defendant had requisite intent to possess and distribute methamphetamine, where intercepted phone calls established that defendant specifically agreed with another individual to receive nearly 10 ounces of methamphetamine that would be delivered by third-party, and that third-party had picked up said drugs by time of his arrest. Also, instant quantity of methamphetamine suggested that defendant intended to sell it to others. Dist. Ct. also did not err in counting defendant’s state-court guilty plea on drug offense as “conviction” for purposes of enhancing his sentence under section 841(b)(1)(A)(viii), even though state court granted defendant deferred adjudication on said charge. Under federal law, defendant’s guilty plea on deferred adjudication counts as conviction, and thus Dist. Ct. could have used said guilty plea to enhance defendant’s sentence.