United States v. James Schweda ( 2012 )

FILED
UNITED STATES COURT OF APPEALS APR 17 2012
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 10-30377
Plaintiff - Appellee, D.C. No. 2:09-cr-00335-RSL-1
Western District of Washington,
v. Seattle
JAMES N. SCHWEDA, AKA Bud
Weather, ORDER
Defendant - Appellant.
Before: GRABER, FISHER, and RAWLINSON, Circuit Judges.
The memorandum disposition filed on February 21, 2012, is hereby
amended so that the paragraph numbered 3 reads:
3. The evidence was sufficient to support Schweda’s
convictions. The jury was entitled to credit the
testimony of Schweda’s co-conspirators, who
testified that Schweda sold them substantial
quantities of LSD, and sometimes fronted the LSD.
See United States v. Lindsey, 634 F.3d 541, 552
(9th Cir.), cert. denied, 131 S. Ct. 2475 (2011)
(recognizing that a reviewing court “cannot
second-guess the jury’s credibility assessments”);
see also United States v. Mincoff, 574 F.3d 1186,
1193 (9th Cir. 2009) (“[E]vidence of fronting may
support a conviction for conspiracy to distribute a
controlled substance.”).
With this amendment, James N. Schweda’s petition for rehearing and
suggestion for rehearing en banc, filed on March 20, 2012, are DENIED.
The suggestion for rehearing en banc was circulated to the full court, and no
member of the court has requested an en banc hearing.
No further petitions for rehearing will be accepted.
2 10-30377