What is the test to sustain a conviction for possession with intent to distribute cocaine?

To sustain a conviction for possession with intent to distribute cocaine, the government must prove that the defendant (1) knowingly, (2) possessed the cocaine, (3) with intent to distribute it. See 21 U.S.C. S 841(a)(1); United States v. Mora, 876 F.2d 76, 77 (9th Cir. 1989). The government has proven all three elements in this case.

Magallon argues that the district court incorrectly concluded that he knew about the cocaine, because there was no direct evidence of his knowledge. However, this argument is unpersuasive in light of the convincing direct and circumstantial evidence produced by the government. See United States v. Walker, 993 F.2d 196, 200 (9th Cir. 1993) (noting that knowledge may be proven by circumstantial evidence).