United States of America v. Edulio Perez

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Submitted: September 23, 2011

Before MELLOY, SMITH, and BENTON, Circuit Judges.

A jury convicted Edulio Perez of conspiring to manufacture 100 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846 (“Count 1″); possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) (“Count 2″); and being an illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5) and 924(a)(2) (“Count 3″). On appeal, Perez argues that the district court erred in denying his motion for judgment of*fn1 acquittal or, in the alternative, a new trial, on Counts 2 and 3 because no reasonable jury could conclude beyond a reasonable doubt that he constructively possessed a firearm. Additionally, he argues that no reasonable jury could have found the interpreter who testified at his trial credible because of alleged inconsistencies in her translation of Perez’s statement to law enforcement authorities following his arrest. We affirm.

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