Opinion
Submitted May 24, 1994.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the District of Arizona, No. CR-88-0065-ACM; Alfredo C. Marquez, District Judge, Presiding.
D.Ariz.
AFFIRMED.
Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Kari Marie M. appeals her conviction following a bench trial for juvenile delinquency for possession with intent to distribute 1399 pounds of marijuana in violation of 18 U.S.C. § 5031-5037 and 21 U.S.C. § 841(a)(1). Kari contends insufficient evidence existed to establish her dominion and control over the marijuana. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
Due to delays in the prosecution of this appeal, Kari has completed her sentence; nonetheless, the appeal is not moot. See United States v. Cunningham, 461 F.2d 995, 996 (9th Cir.1972).
We upheld the conviction of Kari's co-defendant, who also challenged the sufficiency of evidence. See United States v. Rene Frances D. (Juvenile), No. 88-1144 (9th Cir. Dec. 3, 1992). The facts are indistinguishable except that Kari's purse contained 6.638 grams of marijuana. See United States v. Mayes, 524 F.2d 803, 807 (9th Cir.1975) (sufficient evidence existed to connect defendant to marijuana hidden near border, in part, because his pockets contained marijuana sweepings); cf. United States v. Schaff, 948 F.2d 501, 506 (9th Cir.1991) (law of case doctrine precludes court from re-examining issues previously determined in a co-defendant's separate appeal from the same trial). Therefore, we affirm.
AFFIRMED.