164485P.pdf   03/13/2018  United States  v.  Manuel Espinoza
   U.S. Court of Appeals Case No:  16-4485
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Loken, Author, with Beam and Colloton, Circuit Judges] 
   Criminal Cases - conviction and sentence. Sufficient evidence was 
   presented to support conspiracy to distribute methamphetamine, as a jury 
   could reasonably infer from the cooperating conspirators' testimony, the 
   wiretapped phone calls, and the physical surveillance that Espinoza was 
   guilty of conspiring to distribute methamphetamine; evidence was 
   sufficient to establish he was an unlawful drug user in possession of a 
   firearm and the government need not prove contemporaneous use of substance 
   and possession of firearm; the district court did not abuse its discretion 
   in denying a motion for new trial as well. On suppression issues, there 
   was probable cause or stop Espinoza's vehicle, the traffic stop was not 
   unconstitutionally extended once Espinoza lacked a drivers' license, and 
   the totality of circumstances shows Espinoza consented to the search. 
   Tizoc's ineffective assistance of counsel claims will not be reviewed on 
   direct appeal. On Tizoc's sentencing issues, there was sufficient evidence 
   that conspiracy involved knowing importation of methamphetamine to support 
   enhancement and leadership enhancement. District court did not plainly err 
   in failing to discuss section 3553(a) factors or in describing Tizoc's 
   involvement as "big". District court did not abuse its discretion in 
   granting a considerable downward variance but still imposing a substantial 
   sentence.