Luis Zuleta was found guilty of possession with intent to distribute 500 grams or more of methamphetamine. He was sentenced by the district court 1 to 110 months of imprisonment. On appeal, Zuleta contends there was insufficient evidence to support his conviction and his sentence is unreasonable. We affirm.
Background
Zuleta was driving his tractor/trailer unit on Interstate 80 in Nebraska on September 25, 2003. As directed by a highway sign, he pulled his truck into a weigh station. The state patrol officers on duty initially conducted a level 3 inspection, which involved a review of the records that a driver is expected to keep. Thereafter and with Zuleta’s consent, the officers entered the trailer and the truck cab and inspected both. In one of the storage compartments under the lower bunk of the sleeper compartment, officers found a suitcase containing a pair of pants, a shirt, and several packages of methamphetamine.
Zuleta was arrested and charged in federal court with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(viii).' The case went to trial after Zuleta’s unsuccessful motion to suppress. Zuleta called no witnesses during trial and did not take the stand on his own behalf. The jury found Zuleta guilty of possession with intent to distribute 500 or more grams of methamphetamine. 2
Shortly before sentencing, Zuleta admitted to his illegal conduct and met with the prosecutors to provide information that would allow him to qualify for a safety valve reduction. He stated that he had agreed to take a package from California to Des Moines, Iowa for $2,000. He had accepted the package and permitted a third party, Paisano, to place the package in the sleeping compartment of the truck, which he was driving for a third party. Zuleta delivered the package to Des Moines, Iowa, and was only paid $1,000. Zuleta returned to California and purchased his own truck. He was then contacted again, and asked to make a second delivery. Again, Paisano placed a suitcase inside of Zuleta’s truck and promised Zule-ta that he would pay him $2,000 for the trip in addition to the $1,000 still owed to him. It was on the second trip that Zuleta was arrested and charged with possession with intent to distribute 500 grams or more of methamphetamine. At sentencing, the district court granted Zuleta a safety valve reduction but denied his request to be considered as a minor participant. It then imposed a sentence of 110 months of imprisonment, a sentence in the middle of Zuleta’s guidelines range of 97 to 121 months. This appeal followed.
Discussion
We review the district court’s denial of Zuleta’s motion of judgment of acquittal based on the sufficiency of the evidence by viewing the evidence in the light most favorable to the verdict, and accept as established all reasonable inferences supporting the verdict.
United States v. Hayes,
To obtain a conviction, the government had to prove that Zuleta was in possession of methamphetamine, that he knew he was in possession of methamphetamine, and that he intended to distribute it. 21 U.S.C. § 841;
United States v. Sanders,
We have no hesitancy in concluding that Zuleta possessed methamphetamine. Although it was not found on his person, it was in a suitcase in his truck, and he was the sole occupant of the truck.
Sanders,
We next consider whether Zuleta’s 110-month sentence is unreasonable when viewed in light of the factors enumerated in 18 U.S.C. § 3553(a).
United States v. Booker,
— U.S.-,
Zuleta specifically challenges the district court’s refusal to grant him an offense level reduction in recognition of his minor role as courier. United States Sentencing Guidelines section 3B1.2 provides for such a reduction when a defendant played a minor or minimal role in the offense. Such a determination is typically factual, and we thus review for clear error.
*1086
United States v. Alverez,
For the reasons stated above, we affirm Zuleta’s conviction and sentence.
Notes
. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.
. While evidence at trial showed that over nine kilograms of methamphetamine was found in Zuleta's truck cab, the district court held that Zuleta's conviction and sentence would be limited to the quantity alleged by the government in its first indictment, which was 500 grams or more.
