as a courtesy to the reader. They are not part of the opinion of the court.
112671P.pdf 01/17/2013 United States v. Carlos Ponce U.S. Court of Appeals Case No: 11-2671 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Colloton, Author, with Bye and Smith, Circuit Judges]
Criminal case - Criminal law and sentencing. Given the circumstantial evidence of distribution - drug quantity and purity and the possession of tools of the trade - no rational trier of fact could have found that defendant possessed the drugs merely for personal use, and the district court did not err in refusing to give defendant's instruction on the lesser included offense of possession; sentence was not substantively unreasonable.