What are the elements of the crime of possession with intent to distribute cocaine?
The following excerpt is from U.S. v. Ocampo, 937 F.2d 485 (9th Cir. 1991):
Ocampo argues the evidence is insufficient to sustain his convictions. To evaluate his contention, we must determine, upon viewing the evidence in the light most favorable to the government, whether any rational trier of fact could have found the crimes' essential elements beyond a reasonable doubt. Miller v. Vasquez, 868 F.2d 1116, 1119 (9th Cir.1989).
The crime of possession with intent to distribute cocaine has three essential elements. The government must prove beyond a reasonable doubt that the defendant (1) knowingly, (2) possessed the cocaine, (3) with an intent to distribute it. See United States v. Mora, 876 F.2d 76, 77 (9th Cir.1989); 21 U.S.C. Sec. 841(a)(1). Possession of a large quantity of cocaine alone may be sufficient to infer both knowledge and intent. United States v. Savinovich, 845 F.2d 834, 838 (9th Cir.), cert. denied, 488 U.S. 943, 109 S.Ct. 369, 102 L.Ed.2d 358 (1988). The truck in the Irongate residence garage contained 82 kilograms of cocaine. From the possession of this large amount, the district court could have rationally inferred both knowledge and intent.
But these inferences depend, as does the conviction itself, on the government's
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