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These datasets underpin the analysis presented in the agency's work. Most data may be viewed interactively on screen and downloaded in Excel format. All countries. Topics A-Z. The content in this section is aimed at anyone involved in planning, implementing or making decisions about health and social responses. Best practice. We have developed a systemic approach that brings together the human networks, processes and scientific tools necessary for collecting, analysing and reporting on the many aspects of the European drugs phenomenon. Explore our wide range of publications, videos and infographics on the drugs problem and how Europe is responding to it. All publications. More events. More news. We are your source of drug-related expertise in Europe. We prepare and share independent, scientifically validated knowledge, alerts and recommendations. About the EUDA. Key findings and threat assessment. Global context. Trafficking and supply. Retail markets. Criminal networks. Actions to address current threats and increase preparedness. This section provides an overview of cannabis cultivation and the production processes of the main consumer products that can be derived from the cannabis plant see Figure Cannabis: Taxonomy of products traditional and modern , as well as some emerging semi-synthetic products see Box Emergence of semi-synthetic cannabinoids: deltaTHC, HHC and HHC-O 1. In Europe and at the global level, illicit cannabis cultivation is performed in a variety of indoor and outdoor settings at different scales. Both indoor and outdoor illicit cannabis-growing operations range from, for example, a few plants cultivated at home for personal use to sites with thousands of plants controlled by criminal networks see Box Indoor cannabis cultivation sites. The cannabis crop, typically the flowering tops of the plant, is then used to manufacture a range of consumer products see Section Trends in European cannabis retail markets. The potency and contents of cannabis products depend on the cannabis plants from which they are derived. In turn, the composition and levels of cannabinoids found in the cannabis plant depend on many factors. Factors include light exposure natural or artificial , the type of seeds, and whether cuttings or clones are used. Furthermore, the method of cultivation, the number of plants per square metre, water supply and soil pH which affects the availability of nutrients may influence the yield of the cultivation site. Outdoor cultivation can produce up to three harvests a year depending on the weather, the amount of light and the strain of cannabis used EMCDDA and Europol, When growing cannabis outdoors, systems to control environmental conditions e. However, automatic watering systems or curtains for shading may occasionally be used, as is the case with certain homemade or portable greenhouse kits. Indoor cultivation sites run by criminal networks operate in a variety of locations see Box Indoor cannabis cultivation sites and can be used to grow cannabis throughout the year, resulting in up to four to six full harvests annually Vanhove et al. Cultivation techniques used for indoor cultivation sites may differ significantly, which in turn influences yields and the number of harvests Vanhove et al. Indoor cultivation sites run a lower risk of detection and generally produce higher yields and experience less spoilage due to adverse weather or pest infestation. Some high-potency strains can only be successfully cultivated indoors. However, the energy consumption of indoor cultivation sites is significantly higher than that of outdoor growing operations see Box Criminal network steals EUR 1. There is also an increased risk of fire, for instance due to defective electrical wiring, as well as other potential hazards related to exposure to mould and chemicals see Section Environmental impact and hazards of cannabis cultivation. Within the cannabis plant, complex biochemical processes lead to the production of a range of phytocannabinoids. THCA in itself is not a psychoactive substance. However, it may be converted to deltaTHC, the most commonly consumed psychoactive cannabinoid, or its isomer deltaTHC which can be oxidized to form cannabinol CBN. The production of cannabis resin, or hashish, involves dislodging the glandular trichomes which contain resinous secretions that form mostly on the flowering tops buds of the cannabis plant, but also on the leaves. This results in a fine powder that is high in THC, which is subsequently compressed to form cannabis resin. However, using just the flowers produces a higher potency end-product. Certain techniques can be introduced to increase the potency of the final product, such as using ice water or dry ice which allows the trichomes to be removed more easily EMCDDA, a. The removal of resinous secretions from the trichomes can also be performed more efficiently through other methods. Some of these processes, especially those using flammable gases such as butane or propane, are known to be hazardous and have led to accidental explosions in several European countries EMCDDA and Europol, Herbal cannabis is produced globally. However, in recent years EU Member States have reported few large seizures of herbal cannabis shipments from these regions, and they are no longer reported as major source countries. Herbal cannabis is also trafficked to the EU from Canada and to some extent, the United States, and there are recent signals that these regions might become more prominent. While most cases involved small amounts in parcels, more recently, several shipments ranging from several hundred kilograms to a tonne, were seized at European ports arriving in containers coming from Canada Openbaar Ministerie, It should also be noted that Morocco, the major source of cannabis resin available on the European market, has also recently been mentioned as a source of herbal cannabis by several EU Member States. Meanwhile, the Western Balkan region has long been important in the supply of herbal cannabis to the EU market. Cannabis is cultivated both indoors and outdoors throughout the region. However, the period was characterised by a sharp decrease in seizures of herbal cannabis. While more than 84 tonnes was seized at regional level in , mostly in Albania, this amount decreased significantly to around This decline in seizures appear to have been influenced by a shift in cannabis cultivation in the Western Balkan region since , with less cannabis being grown outdoors. This in turn seems to have been influenced by major eradication efforts in Albania, where operations have been undertaken in cooperation with the Italian Guardia di Finanza. Overall, the situation has become more diverse and complex, with an increasing number of countries in the region reporting large-scale indoor cannabis cultivation sites, with some of the drug likely intended for export see Box Industrial-scale cannabis cultivation in the Western Balkan region. The source data for this graphic is available in the source table on this page. Some of the cannabis produced for legal markets e. North Macedonia legalised cannabis production for medical use in Between February and October , 64 companies were granted licences to grow cannabis for medical use Hall, Worryingly, there have been indications that cannabis legally produced in some of these sites may have been diverted to the illicit drug market in North Macedonia or smuggled to other countries EMCDDA, d. For example, in early December , over 2 tonnes of cannabis were stolen from the warehouses of licensed North Macedonian companies in two separate incidents Ministry of Interior of North Macedonia, a, b. There are also signs that illicit cannabis production may have been deliberately undertaken in licensed production facilities. For instance, in February , North Macedonian police seized about 1. In June , the Albanian government published for consultation a law regulating cannabis cultivation for medical and industrial purposes Electronic Register Albania, Overall, potential links between licit production sites and the illegal market in the Western Balkans should be monitored closely see also Section Cannabis resin production in the EU. In the EU, herbal cannabis appears to be mainly produced for sale on domestic markets rather than for export. Estimating the total cannabis production in Europe is difficult due to the currently limited systematic monitoring of illicit cannabis cultivation, leading to a lack of data on the number and size of illicit cannabis production sites dismantled in Europe each year. This is likely due to a combination of factors, including the time required to report large amounts of data. An additional obstacle is the difficulty of calculating potential national and EU-wide production figures from the existing studies on cannabis yield determination, as these are based on specific growing conditions that are unlikely to be representative of the varying types of illicit settings in which cannabis is grown across Europe Toonen et al. In addition to the standard reporting protocols, the EMCDDA also obtains information on dismantled cannabis cultivation sites from open source information and ad-hoc information-gathering exercises with supply experts and the national focal points of the Reitox network. Although these data often do not include information on the size of the dismantled sites, they do help to build a better understanding of the extent of illicit cannabis production in Europe. Based on these data, 14 Member States reported dismantling a total of nearly 7 illicit cannabis cultivation sites in In , almost 10 sites were reported to have been dismantled by 14 Member States , while in , 13 Member States reported over 9 dismantled sites. Due to incomplete reporting, the size of these sites remains, for the most part, unknown. However, several recent cases indicate that large-scale cultivation sites are frequently detected in the EU. Seizures of cannabis plants may be regarded as an indicator of the extent of cannabis production in a particular country. While plant seizures are reported annually to the EMCDDA, differences between countries in terms of law enforcement priorities, resources and reporting practices, mean that caution should be exercised in the interpretation of these data. Nonetheless the reported data indicate general trends in cannabis cultivation in the EU see Figure Quantity of cannabis plants seized in the EU, In , more than 4. In , the number of cannabis plants seized in Spain could be even higher as law enforcement dismantled several large-scale illicit production sites see Box Cannabis plantations using fake authorisations dismantled in Spain. Although large scale cannabis cultivation takes place in many EU countries, Spain has made it a law enforcement priority Spanish Interior Ministry, which may not be the case in other countries. This is reflected in the data reported, but nonetheless confirms the emergence of Spain as one of the largest cannabis production zones in the EU. Some knowledge gaps in this area have recently been addressed, largely as a result of research emanating from North America, where regulated cannabis markets have been established Wartenberg et al. Regardless of setting indoor, outdoor or greenhouse , six environmental impact pathways from cannabis cultivation have been documented in the literature. These are water use, energy use, pesticide use, water pollution, air pollution and land cover change Wartenberg et al. Cannabis plants generally require larger quantities of water compared to crops such as maize, rice or soy when grown in similar conditions see Box Estimated water needs for outdoor cannabis cultivation. An outdoor-grown cannabis plant may for example consume between However, energy and water use vary according to a number of factors, such as geographical location, cultivation method or strain-related characteristics Summers et al. Depending on the time of year, a cannabis plant cultivated indoors may require between 9 and 11 litres per day Wilson et al. Indoor cultivation can be undertaken throughout the year, which in many cases leads to at least four growing cycles per year Vanhove et al. As indoor cannabis cultivation in the EU also appears to be more widespread than outdoor production, the overall water demand is likely higher. For example, an indoor cannabis cultivation site of plants and operational throughout the year would potentially consume between 1. Some indoor cannabis sites in Europe consume additional quantities of water, for instance those using water-cooled air-conditioning Vanhove et al. Energy use accounts for the largest share of carbon dioxide emissions caused by indoor cannabis cultivation Summers et al. Most of the energy directly expended in indoor cultivation is used to power lighting and for water and air circulation, while in outdoor sites the majority of the energy used directly is channelled into pumping water and producing fertilisers Wartenberg et al. Additionally, an indirect use of energy derives from the use of fertilizers, whose production is an energy-intensive process with considerable carbon emissions. Some studies have estimated that illicit cannabis cultivation sites consume large amounts of electricity Mills, ; Summers et al. However, the total quantity of energy used by such sites in a specific area is difficult to assess, as data on the size, conditions and number of cannabis cultivation sites are rarely comparable and often incomplete, which makes inaccuracies in terms of extrapolation inevitable Vanhove et al. According to the Dutch electricity grid operator, a total of million kilowatt hours of electricity was stolen in by the operators of at least 1 indoor cultivation sites discovered by the police. By extension, the operator estimated that more than 1 billion kilowatt hours of electricity was stolen to power illicit cannabis cultivation sites in the Netherlands that year 2 ; which is more than the annual consumption of all the households in the city of Rotterdam Netbeheer Nederland, see Box Criminal network steals EUR 1. The use of pesticides alongside water and air pollution e. To date, no quantitative study has measured the contribution of pesticides to water and air pollution from illicit cannabis cultivation Cuypers et al. According to recent research, some of the chemical particles associated with cannabis odours may negatively affect air quality Seltenrich, While further research is needed in this area, the environmental and human health impacts of cannabis cultivation are assessed as posing a growing threat Wartenberg et al. Most of the existing research on the links between illicit drug crop cultivation and climate change has focused on the carbon dioxide emissions caused by direct and indirect deforestation UNODC, Studies quantifying deforestation resulting from the outdoor cultivation of illicit drug crops mostly relate to coca crops grown for cocaine production in South America, while such studies on cannabis cultivation are very scarce Wartenberg et al. Since illicit cannabis cultivation sites do not comply with health and safety standards, they present a range of potential human hazards. These can be physical, electrical, chemical or biological in nature Vanhove et al. Most of the cannabis resin consumed in Europe has traditionally originated from sources of production outside the region — predominantly from Morocco , although Afghanistan, Albania and Lebanon have also been mentioned as marginal sources. Although there is little doubt that Morocco remains the largest supplier of the European cannabis resin market, it is often difficult to identify other potential sources, including within the EU, due to insufficient profiling of the cannabis resin available in Europe. Other countries, such as India, Nepal, Pakistan and some Central Asian nations are known producers but do not seem to supply the European market in any significant way. It has recently been claimed that large-scale cannabis resin production is taking place in Syria Reuter, ; COAR, A number of multi-tonne cannabis resin consignments shipped from Syria were seized in EU ports between and , often together with large amounts of captagon tablets see Amphetamine module. However, the seized cannabis resin may have been produced in Lebanon and then smuggled to Syria before shipping. It is unlikely that the resin and captagon seized in EU ports from ships departing Syria were destined for the European drug market; their end destination was probably the Persian Gulf. It is difficult to reconcile the production estimates of Moroccan cannabis resin with seizures likely to be of Moroccan origin carried out in Europe and North Africa. For instance, Morocco, Algeria and Spain together reported seizures of cannabis resin of approximately tonnes in and more than tonnes in UNODC, This points to the probability that cannabis resin production continues to be underestimated in Morocco. In addition, Moroccan cannabis resin estimates do not take into account the developments that have affected production in the Rif region for a number of years. This modernisation of the Moroccan cannabis industry, which may have been introduced by European growers established in the Rif Chouvy and Macfarlane, , allows the production of cannabis resin and extracts of higher potency than in the past. Source: The source data for this graphic is available in the source table on this page. There are signs that similar types of high-potency cannabis resin are produced in other European countries. Although it is difficult to ascertain the scope of the phenomenon, there are some indications that cannabis resin production in Europe may be increasing, that it is probably larger than presently available data suggest and that much of the resin produced has a high concentration of THC. There are signs that significant quantities of high-potency cannabis resin are manufactured in other EU countries. For instance, a cannabis cultivation site that also produced extracts, including resin, was dismantled by the Greek police in EMCDDA and Europol, Several law enforcement operations in Spain over the last two years, some of which have involved sites specifically dedicated to cannabis resin production, have also led to seizures of cannabis-resin-manufacturing equipment, cannabis resin, cannabis oil and cannabis plant material ready for processing into resin. Industrial equipment to manufacture cannabis resin was seized, as well as more than 8 tonnes of cannabis products including a large quantity of cannabis resin powder, several 1-kilogram resin packages and plant material in different stages of processing Guardia Civil, a. In July , Spanish law enforcement dismantled a huge cannabis production site spread over 32 hectares in Barcelona Province, seizing a total of 6 tonnes of cannabis plants and herbal material. The site, which had been active since at least , had posed as a licit industrial hemp production facility but lacked the necessary licences see Box Cannabis plantations using fake authorisations dismantled in Spain. This facility produced significant amounts of cannabis resin, seizures of which yielded kilograms in powder form and 17 kilograms in pressed form, alongside chopped plant material likely intended for the manufacture of cannabis resin Guardia Civil, a. Large amounts of chopped cannabis have also been seized from other dismantled illicit plantations in Spain, for instance during Operation Safari, in Toledo Province in October Guardia Civil, b. In February , an Italian-led criminal network investigated by Spanish and Italian police had set up a large cannabis plantation in southern Spain where they manufactured cannabis resin. The criminal group was composed of Albanian, Italian, Spanish and Moroccan nationals, and was also involved in smuggling cannabis resin from Morocco into Europe. Twenty suspects were arrested and 2. Overall, as observed in the previous edition of this report EMCDDA and Europol, , the widespread availability and ease of purchasing equipment to produce cannabis resin, combined with the extensive cultivation of cannabis plants in Europe, means that the manufacturing of cannabis extracts, especially cannabis resin, could become more widespread in the future. Data on biomass stocks in temperate forest regions: 5 kilograms carbon dioxide per square metre. Consult the list of references used in this module. Homepage Quick links Quick links. GO Results hosted on duckduckgo. Main navigation Data Open related submenu Data. Latest data Prevalence of drug use Drug-induced deaths Infectious diseases Problem drug use Treatment demand Seizures of drugs Price, purity and potency. Drug use and prison Drug law offences Health and social responses Drug checking Hospital emergencies data Syringe residues data Wastewater analysis Data catalogue. Selected topics Alternatives to coercive sanctions Cannabis Cannabis policy Cocaine Darknet markets Drug checking Drug consumption facilities Drug markets Drug-related deaths Drug-related infectious diseases. Recently published Findings from a scoping literature…. Penalties at a glance. Frequently asked questions FAQ : drug…. FAQ: therapeutic use of psychedelic…. Viral hepatitis elimination barometer…. EU Drug Market: New psychoactive…. EU Drug Market: Drivers and facilitators. Statistical Bulletin home. Quick links Search news Subscribe newsletter for recent news Subscribe to news releases. This make take up to a minute. Once the PDF is ready it will appear in this tab. Sorry, the download of the PDF failed. Table of contents Search within the book. Introduction Introduction Key findings and threat assessment Key findings and threat assessment Global context Global context Production Production Trafficking and supply Trafficking and supply Retail markets Retail markets Criminal networks Criminal networks Actions to address current threats and increase preparedness Actions to address current threats and increase preparedness. Search within the book Operator Any match. Exact term match only. Booby traps are sometimes installed to protect the crop from theft or destruction, thus presenting risks to law enforcement or members of the general public. Structural modifications made to the cultivation premises, such as holes made in walls to accommodate wiring, piping and flexible ducting, can also lead to structural instability. Improper wiring increases the risk of electrocution or short circuits that can cause fires. Fertilisers, pesticides and other chemicals can cause dermatological or respiratory problems for those entering the premises or living nearby. Carbon dioxide generators are increasingly used for indoor cannabis cultivation to increase the rate of plant growth and its deltaTHC content. The use of these generators can result in oxygen-deficient atmospheres that are hazardous not only to the people working in the cultivation site, but also to individuals, such as law enforcement and other officials, entering such sites. Quantity of cannabis plants seized in the EU, Year Spain Netherlands Belgium Italy Other countries Main subject. Target audience. Publication type. EU Drug Market: Cannabis — main page. On this page.

Unpublished Disposition, 879 F.2d 866 (9th Cir. 1988)

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Miguel Ochoa-Ceja, Rito Quintero and Epifanio Baldenegro were charged with possession of heroin and cocaine with intent to distribute. Ochoa-Ceja was also charged with possession of a firearm in relation to a narcotics trafficking offense. After a jury trial, Ochoa-Ceja was convicted on all counts, and Quintero and Baldenegro were convicted on the cocaine charge. All defendants appeal. We affirm. On January 11, , informant Sergio Diaz, acting under the direction of Salem Police Department Narcotics Enforcement Unit Officer James Miller, arranged to purchase heroin and cocaine from persons suspected of dealing in narcotics. Diaz used one room to make phone calls to Moises Rios-Ochoa and Ochoa-Ceja to arrange purchases of heroin and cocaine. Miller used the other room to listen to these phone conversations. As part of the investigation, officers were ordered to maintain surveillance on the residences of Rios-Ochoa and Quintero. These officers were instructed to maintain surveillance on any vehicles leaving either residence after the calls arranging the sale had been made. One of the officers, Ronald Nelson, observed the arrival of a green Datsun at the residence of Rios-Ochoa. The driver remained at the residence for about twenty minutes. At approximately the time the Datsun left, a red compact car also left the residence. Both vehicles were followed. The Datsun was followed to the home of Quintero. The Datsun, now occupied by two people, left Quintero's residence after ten minutes. At approximately the same time, a cream-colored Cordoba, occupied by three people, left Quintero's residence. The Cordoba and the Datsun went to the parking lot of a nearby Thriftway. Baldenegro got out of the Cordoba and into the Datsun. The Datsun then went to a restaurant called Brockman's. In the meantime, the red compact had gone to the Best Western where Diaz and Officer Miller were located. Rios-Ochoa got out of the red car, and met briefly with Diaz, who was in possession of the narcotics purchase money. Rios-Ochoa counted the money possessed by Diaz, then left. Rios-Ochoa then drove to where the Datsun was located. The cars were observed parked next to each other. Twenty minutes later, Rios-Ochoa returned to the motel with a cookie can containing heroin and cocaine. He was arrested and the can of drugs seized. The remaining defendants were then arrested. The fingerprints of Baldenegro were found inside the cookie can. The fingerprints of Quintero were found on plastic bags containing the cocaine found inside the can. When Ochoa-Ceja was arrested, he was found to be in possession of a loaded gun and two balloons containing heroin. The defendants were each indicted on counts of distributing more than grams each of heroin and cocaine in violation of 21 U. Ochoa-Ceja was also charged with using a weapon during and in relation to drug trafficking in violation of 18 U. The defendants were tried jointly, and each was convicted. Each defendant timely appeals. We have jurisdiction under 28 U. Ochoa-Ceja's indictment recited allegations that he 'did use and carry a firearm' in violation of 18 U. C Sec. However, after the evidence was presented to the jury, the district judge instructed the jury that it could find Ochoa-Ceja guilty of the firearm count if it found, inter alia, that Ochoa-Ceja knowingly did 'carry' a firearm. The issue of constructive amendment is reviewed de novo. United States v. Aguilar, F. This contention is without merit. Substantive amendment of an indictment is reversible error, because it violates a defendant's fifth amendment right to stand trial only for charges made by a grand jury in its indictment. However, to the extent that the language of the indictment goes beyond alleging the necessary elements of the crime, such language is 'mere surplusage' which the trial court may 'read out' of the indictment if the defendant is not prejudiced. Jenkins, F. Abascal, F. In this case, the language 'read out' of the indictment was not central to establishing a violation of section c 1. We have held that 'a jury may convict on a finding of any of the elements of a disjunctively defined offense, despite the grand jury's choice of conjunctive language in the indictment. Bettencourt, F. In such situations, it is clearly permissible for the court to instruct the jury accordingly. See Abascal, F. Ochoa-Ceja advances two reasons for his view that this case is unlike others in which surplusage was deleted. First, he contends that he was prejudiced in this case because his defense was based upon showing that he did not use a firearm. He contends that the change in the indictment deprived him of the opportunity to defend against the 'carrying' claim. This argument is without merit. The indictment was clearly sufficient to put Ochoa-Ceja on notice of the charges against him. His counsel should have been aware that the Government did not have to prove use of the firearm in order to establish a violation of section c 1. In addition, it is unclear what additional defense Ochoa-Ceja would have raised had the indictment been worded disjunctively in the first instance. It therefore is difficult to see how he was prejudiced. Second, Ochoa-Ceja argues that the cases in which we have upheld rewording of indictments from conjunctive to disjunctive phrasing involved terms that were synonyms. This is not the case. Abascal, itself, involved deletion of the word 'import' from an indictment charging that the defendant did intentionally 'import, distribute and possess with intent to distribute LSD. The term 'import' clearly is not synonymous with 'possess' or 'distribute. Hobson, F. The trial judge's constructive amendment of Ochoa-Ceja's indictment was permissible. Ochoa-Ceja argues that because the trial court specifically mentioned three other defendants during a limiting instruction relating to aiding and abetting, 'all eyes naturally turn on the Defendant as the principal. We review the trial judge's formulation of jury instructions for abuse of discretion. Burgess, F. Ochoa-Ceja's argument is without merit. First, at the beginning of the aiding and abetting instruction, the judge referred to 'these four defendants,' suggesting that the instruction was applicable to Ochoa-Ceja as well as the others. RT at In addition, the court instructed that 'for the purposes of this aiding and abetting instruction, I further instruct you that Mr. Moises Rios-Ochoa is a defendant even though the Indictment form which you will have with you does not in fact have his name. To the extent that the jury may tend to look for a principal offender, this strongly invites the jury to view Rios-Ochoa, not Ochoa-Ceja, as that principal. The instruction is consistent with the evidence that Rios-Ochoa actually delivered the narcotics. We find that Ochoa-Ceja was not prejudiced by any of these instructions. The trial judge did not abuse his discretion by giving them. The trial judge instructed the jury that, in order to convict Ochoa-Ceja on the section c 1 count, it had to find that his act of carrying the firearm 'facilitated the commission of the \[narcotics\] crime charged in Count 2. During deliberation, the jury requested clarification of the meaning of 'facilitate. Ochoa-Ceja contends that 'facilitate' is a term within the realm of common knowledge, and that the court abused its discretion by providing a definition. Collom, F. The trial court has a responsibility to eliminate confusion when the jury asks for clarification of a particular issue. See United States v. Hayes, F. Ochoa-Ceja does not attempt to explain why the definition provided is erroneous or misleading, or how the definition may have prejudiced him. The trial court's instruction fairly embodies the critical relational element of the crime. See Stewart, F. Providing a definition of 'facilitate' was not an abuse of discretion in this case. During Ochoa-Ceja's arrest, an officer discovered two balloons containing a small amount of heroin in Ochoa-Ceja's pocket. The trial judge admitted this evidence, despite defense counsel's objection. Ochoa-Ceja contends that the evidence of personal possession of a small amount of heroin, contained in packaging dissimilar to that found in the cookie can, is not probative of intent to distribute, and is prejudicial. The trial court's decision to admit this evidence is reviewed for abuse of discretion. De Rosa, F. As the Government points out, Ochoa-Ceja's possession of heroin is probative of his familiarity with the drug and methods of obtaining it. Moises Rios-Ochoa testified that Ochoa-Ceja was the source of the narcotics that he delivered to the informant, Diaz. Ochoa-Ceja's possession of heroin tends to support this testimony. It was not an abuse of discretion to determine that the probative value of the heroin evidence outweighs its prejudicial effect. Finally, Ochoa-Ceja argues that the district court abused its discretion in admitting testimony that the gun found on Ochoa-Ceja during his arrest was loaded. He contends that because the Government need not prove that the gun was loaded to convict under 18 U. However, as the Government points out, the fact that the gun was loaded was relevant to the 'facilitation' aspect of the crime, because a loaded gun enhanced Ochoa-Ceja's ability to protect himself, the narcotics, and the proceeds of the transaction. Mason, F. Admission of this testimony does not constitute abuse of discretion. Quintero's first argument is that his conviction should be reversed because the district court denied his motion to sever. The district court's decision to deny Quintero's motion for severance is reviewed for abuse of discretion. Polizzi, F. Quintero first argues that severance should have been granted in this case because joint trial prevented him from introducing the exculpatory testimony of a codefendant. However, when the need for the testimony of a codefendant is asserted as a justification for severance, the 'defendant must show that he would call the codefendant at a severed trial, that the codefendant would in fact testify, and that the testimony would be favorable to the moving party. No such showing has been made here. Quintero merely asserts that 'cross-examination of the co-defendants Rafael Quintero and Miguel Ochoa-Ceja would have yielded exculpatory evidence. Quintero also argues that severance was warranted because the evidence relating to other defendants, particularly Ochoa-Ceja, was so great that the jury was unable to compartmentalize the evidence as it related to separate defendants. A party challenging denial of severance because of 'spillover' effects bears 'the difficult burden of demonstrating clear, manifest, or undue prejudice resulting from a joint trial. Sears, F. Here, as in Jenkins, Quintero makes no particularized showing of prejudice, but merely emphasizes that he was a relatively minor actor in the scheme, and that the evidence against him was weaker than the evidence against Ochoa-Ceja. The court gave cautionary instructions, and there is nothing here to indicate that the jury was not able to obey those instructions. In fact, the jury found Quintero guilty on the cocaine count, but not the heroin count. See, e. Unruh, F. The district court did not abuse its discretion in denying Quintero's motion to sever. At the close of the Government's case, Quintero moved for a judgment of acquittal. He appeals the trial court's denial of that motion. The denial of such a motion is reviewed under the same standards used by the district court in considering the motion. We must view the evidence in the light most favorable to the Government to determine whether any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. Sharif, F. Viewed in the light most favorable to the Government, the evidence suggests that Rios-Ochoa and Ochoa-Ceja, after arranging to deliver the narcotics to the police informant, went to Quintero's apartment, and that they all left the apartment at the same time in separate cars, meeting again in a supermarket parking lot. The evidence also indicates that Quintero followed Rios-Ochoa to the motel, checking out the spot of the transaction, and then returned to the parking lot. Most important, Quintero's fingerprints were found on the packages containing the cocaine. From this evidence, a rational fact-finder reasonably could infer that Quintero was the source of the cocaine delivered by Rios-Ochoa, and that he and the other defendants were involved in a conspiracy to deliver the cocaine. The trial court did not err in denying the motion for judgment of acquittal. Baldenegro's claims overlap substantially with those made by Quintero. He contends that 'cross-examination of the co-defendants, Rafael Quintero and Miguel Ochoa-Ceja would have yielded exculpatory evidence regarding appellant's lack of knowledge of the participants or involvement in the scheme. Baldenegro's unsupported assertions are insufficient to warrant reversal of the trial court's decision. See Jenkins, F. Like Quintero, Baldenegro also claims that severance is warranted due to the disparity in the evidence. Again, there is no reason to believe that the jury could not compartmentalize the evidence. The jury's acquittal of Quintero and Baldenegro on the heroin charge suggests that it was capable of compartmentalizing the evidence. See Unruh, F. The district judge did not abuse his discretion in denying Baldenegro's motion for severance. Baldenegro also challenges the trial court's denial of his motion for judgment of acquittal. However, Baldenegro's fingerprints were found inside the cookie can containing the heroin and cocaine. He had been seen getting out of the Cordoba and getting into the green Datsun with Miguel Ochoa-Ceja before Rios-Ochoa received the cookie can. Again, a rational fact-finder could infer Baldenegro's involvement with the other defendants in a plan to deliver the narcotics. The facts presented by the Government are sufficient to warrant denial of Baldenegro's motion. The jury found Baldenegro guilty of aiding and abetting distribution of cocaine, but not of heroin. Baldenegro argues that his conviction must be reversed, because the verdict is inconsistent. He argues that the inconsistency arises because his prints were found inside the cookie can containing both drugs. However, inconsistent verdicts do not require reversal of the conviction. Powell, U. Johnson, F. In addition, the verdict is not necessarily inconsistent. The evidence indicated that Baldenegro was at Quintero's apartment when Ochoa-Ceja arrived. The evidence suggests that Ochoa-Ceja may have obtained the cocaine at Quintero's apartment. Neither Quintero's nor Baldenegro's fingerprints were on the packages of heroin. The jury may well have determined, in part on the basis of the fingerprint evidence, that there was sufficient evidence to convict with respect to the cocaine, but not the heroin. Baldenegro argues that the Government failed to prove that the crime occurred within the District of Oregon. This argument is utterly without merit. There is considerable testimony relating to specific places within the City of Salem from which venue readily may be inferred. Lukenbill, F. The defendants have raised numerous challenges to their convictions. None of the challenges, however, warrant reversal. The judgment below is. This disposition is not appropriate for publication and may not be cited to or by the Courts of this Circuit except as provided by Circuit Rule Ochoa-Ceja is considered to have carried a firearm within the meaning of the statute and Count 3 of the Indictment, if you find he knowingly did so, and if you find the presence of the firearm in his possession in any manner facilitated the commission of the crime charged in Count 2. Section c does not contain the word 'facilitate,' but requires that the firearm be used or carried 'in relation to' the underlying offense. The word 'facilitate' apparently is derived from the language used by this court in United States v. Stewart, F. This is consistent with the evidence that Quintero's fingerprints were found specifically on the packages containing cocaine. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. Get free summaries of new Ninth Circuit U. Court of Appeals opinions delivered to your inbox! Court of Appeals for the Ninth Circuit - F. Nos , and Argued and Submitted June 6, Decided July 13, Reporter's Transcript RT at Toggle button Get free summaries of new Ninth Circuit U. Enter Your Email. Justia Legal Resources. Find a Lawyer. Law Schools. US Federal Law. US State Law. Other Databases. Marketing Solutions.

Cordoba buying Heroin