In U.S. v. Diaz-Boyzo, No. 04-15629 (Dec. 14, 2005), the Court rejected a sufficiency of the evidence challenge to a conviction for metamphetamine trafficking.
The defendant claimed that he was merely present in a car when a drug deal was taking place. The Court, however, pointed out that the defendant rode with an accomplice who arranged a drug deal, watched the drug deal from the car, and had a firearm in his possession. Further, the jury was free to disbelieve exculpatory defense testimony. For similar reasons, the Court found sufficient evidence to support the defendant’s conviction of using a firearm in connection with a drug trafficking crime.
