United States v. Raohl Hursh, 217 F.3d 761 (9th Cir. 2000). · Go Syfert
United States v. Raohl Hursh, 217 F.3d 761 (9th Cir. 2000). Cases Citing This Book View Copy Cite
108 citation events (104 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Ku (ca9, 2025-05-14)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Ku
9th Cir. · 2025 · confidence medium
“We review de novo the district court’s denial of a motion for judgment of acquittal based upon insufficient evidence to sustain a conviction.” United States v. Hursh, 217 F.3d 761, 767 (9th Cir. 2000).
discussed Cited as authority (rule) United States v. Nguyen
9th Cir. · 2025 · confidence medium
For conspiracy to commit money laundering under 18 U.S.C. § 1956 (h), the government was required to prove that “[t]here was an agreement to commit money laundering,” “[t]he defendant knew the objective of the agreement,” and 1 Even if Nguyen’s challenge were preserved, our review of the jury verdict “is highly deferential.” United States v. Rubio-Villareal, 967 F.2d 294, 296 (9th Cir. 1992) (en banc). “[W]e must ask whether, viewing ‘the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime b…
cited Cited as authority (rule) Hearn v. City of Bakersfield
E.D. Cal. · 2024 · confidence medium
Cal. 2020) (quoting United States v. Hursh, 217 F.3d 761, 768 (9th Cir. 2000)).
discussed Cited as authority (rule) Lyons v. Betts
D. Alaska · 2024 · confidence medium
See Rule 609(d).2 9 Courts in the Ninth Circuit consider five factors in balancing the probative 10 evidence of a defendant's prior conviction against its prejudicial effect: “(1) the 11 impeachment value of the prior crime; (2) the point in time of the conviction and 12 the witness's subsequent history; (3) the similarity between the past crime and the 13 [party’s alleged actions in the instant case]; (4) the importance of [the party’s] 14 testimony; and (5) the centrality of [the party’s] credibility.” United States v. Hursh, 15 217 F.3d 761, 768 (9th Cir. 2000). 16 Additionally, R…
discussed Cited as authority (rule) Graff 226507 v. Shinn
D. Ariz. · 2024 · confidence medium
“Unfair 3 prejudice is measure by the degree to which a jury responds negatively to some aspect of 4 the evidence unrelated to its tendency to make a fact in issue more or less probable.” United 5 States v. Johnson, 820 F.2d 1065, 1069 (9th Cir. 1987). 6 In balancing the probative value of evidence of a witness’s prior convictions against 7 that evidence’s prejudicial effect, district courts consider the following factors: “(1) the 8 impeachment value of the prior crime; (2) the point in time of the conviction and the 9 witness’s subsequent history; (3) the similarity between the p…
cited Cited as authority (rule) United States v. Donald Gardner
9th Cir. · 2023 · confidence medium
Reviewing de novo, see United States v. Hursh, 217 F.3d 761, 767 (9th Cir. 2000), we find no error.
discussed Cited as authority (rule) (PC) McCurdy v. Kernan
E.D. Cal. · 2021 · confidence medium
Evid. 609(b). 13 The Ninth Circuit has outlined five factors for courts to consider when balancing the probative 14 value of evidence against the prejudicial effect under Rule 609: “(1) the impeachment value of the 15 prior crime; (2) the point in time of the conviction and the witness's subsequent history; (3) the 16 similarity between the past crime and the charged crime; (4) the importance of [the party's] testimony; 17 and (5) the centrality of [the party's] credibility.” United States v. Hursh, 217 F.3d 761, 768 (9th Cir. 18 2000).
discussed Cited as authority (rule) United States v. Maria Pena Rivera
9th Cir. · 2020 · confidence medium
The government presented evidence that Defendant had exclusive dominion and control over the car in which nearly sixty pounds of narcotics worth almost $300,000 were discovered, see United States v. Castillo, 866 F.2d 1071 , 1086–87 (9th Cir. 1988); United States v. Hursh, 217 F.3d 761, 767 (9th Cir. 2000); that Defendant recently deposited in her bank account and possessed on her person quantities of money that dwarfed her monthly earnings, see United States v. Murrieta-Bejarano, 552 F.2d 1323, 1325 (9th Cir. 1977), overruled on other grounds by United States v. Heredia, 483 F.3d 913 (9th C…
discussed Cited as authority (rule) United States v. Mercedes De La Paz
9th Cir. · 2020 · confidence medium
But “it is well- settled that ‘[m]ere possession of a substantial quantity of narcotics is sufficient evidence to support a finding that a defendant knowingly possessed the narcotics.’” United States v. Hursh, 217 F.3d 761, 767-68 (9th Cir. 2000) (alteration in original) (quoting United States v. Collins, 764 F.2d 647, 652 (9th Cir. 1985)).
discussed Cited as authority (rule) United States v. Julio Vazquez-Ramirez
9th Cir. · 2014 · confidence medium
United States v. Hurtado, No. 13-50170, 760 F.3d 1065, 1068 , 2014 WL 3720241, at *3 (9th Cir. July 7, 2014); Rodriguez-Castro, 641 F.3d at 1193 ; United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Hector Hurtado
9th Cir. · 2014 · confidence medium
Id.; United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Katherine Williams
9th Cir. · 2013 · confidence medium
When Williams was arrested, federal agents found a substantial quantity of cocaine hidden in a compartment of her car’s gas tank. “[I]t is well-settled that ‘[m]ere possession of a substantial quantity of narcotics is sufficient evidence to support a finding that a defendant knowingly possessed the narcotics.’ ” United States v. Hursh, 217 F.3d 761, 767 (9th Cir.2000) (quoting United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985)).
discussed Cited as authority (rule) United States v. Jose Espinoza-Flores
9th Cir. · 2012 · confidence medium
We review for plain error, see United States v. Charles, 581 F.3d 927, 932-33 (9th Cir.2009), and conclude that in light of this court’s precedent, any error was not plain, see United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Jose Maravilla-Leon
9th Cir. · 2012 · confidence medium
See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Erick Aguilar-Espinoza
9th Cir. · 2012 · confidence medium
See U.S.S.G. § 3B1.2, cmt. n. 3(A); United States v. Awad, 371 F.3d 583, 591 (9th Cir.2004) (defendant bears the burden on entitlement to adjustment); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000) (denial of a minor role adjustment not clear error where the defendant was the sole driver and occupant of a car in which a substantial amount of drugs were hidden).
examined Cited as authority (rule) United States v. Hollis Honeycutt, Ii (4×) also: Cited "see, e.g."
9th Cir. · 2011 · confidence medium
See Fed.R.Evid. 401; United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Rodriguez-Castro (2×)
9th Cir. · 2011 · confidence medium
United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Tha Bun Heng
9th Cir. · 2011 · confidence medium
See United States v. Young, 420 F.3d 915, 917 (9th Cir.2005) (finding constructive possession of contraband where the defendant had exclusive control over the place where the contraband was found); United States v. Hursh, 217 F.3d 761, 767-68 (9th Cir.2000) (holding the evidence was sufficient to show that the defendant knew of narcotics in his car because he was the driver and sole occupant to the car).
discussed Cited as authority (rule) United States v. Edgar Inda-Lares
9th Cir. · 2011 · confidence medium
See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006) (stating standard of review and holding that denial of minor role adjustment was not clear error where evidence showed that the defendant engaged in several drug pick-ups); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000) (denial of minor role adjustment not clear error where the defendant was the sole driver and occupant of a car in which a substantial amount of drugs were hidden).
discussed Cited as authority (rule) United States v. Gomez
C.D. Cal. · 2011 · confidence medium
The relevant factors that a district court should consider in balancing the probative value of evidence of a defendant’s prior convictions against that evidence's prejudicial effect include "(1) the impeachment value of the prior crime; (2) the point in time of the conviction and the witness's subsequent history; (3) the similarity between the past crime and the charged crime; (4) the importance of defendant's testimony; and (5) the centrality of defendant's credibility.” United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000). 6 .
cited Cited as authority (rule) United States v. Raymundo Rodriguez-Aguirre
9th Cir. · 2010 · confidence medium
See United States v. Awad, 371 F.3d 583, 591 (9th Cir.2004); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Edel Vera-Paz
9th Cir. · 2010 · confidence medium
Vera-Paz knowingly transported narcotics, see United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000), was caught with a substantial amount of heroin, see United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991), and was prepared to accept payment in return, see United States v. Davis, 36 F.3d 1424, 1437 (9th Cir.1994).
cited Cited as authority (rule) United States v. Montoya-Campillo
9th Cir. · 2010 · confidence medium
See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006); see also United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Juan Guzman
9th Cir. · 2010 · confidence medium
Among other things, Guzman knowingly transported a substantial amount of narcotics, see United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000), and planned on accepting money in return, see United States v. Davis, 36 F.3d 1424, 1437 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Mitchell (2×)
9th Cir. · 2009 · confidence medium
United States v. Martinez-Martinez, 369 F.3d 1076, 1081-82 (9th Cir. 2004), citing United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).
cited Cited as authority (rule) United States v. Mitchell
9th Cir. · 2009 · confidence medium
United States v. Martinez-Martinez, 369 F.3d 1076, 1081-82 (9th Cir. 2004), citing United States v. Hursh, 217 F.3d 761, 768 (9th Cir. 2000).
cited Cited as authority (rule) United States v. Ramirez-Armas
9th Cir. · 2009 · confidence medium
See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir.2006); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Ramirez-Armas
9th Cir. · 2009 · confidence medium
See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir.2006); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) Schmude v. Tricam Industries, Inc.
7th Cir. · 2009 · confidence medium
The cases do permit the “sanitization” of prior-crimes evidence used to impeach, but they mean by this just concealing the nature or name of the crime, e.g., United States v. Stokes, 211 F.3d 1039, 1042-43 (7th Cir.2000); United States, v. Hursh, 217 F.3d 761, 768 (9th Cir.2000); United States. v. Clark, 184 F.3d 858, 867 (D.C.Cir.1999), and the judge went further here.
discussed Cited as authority (rule) Kevin Schmude v. Tricam Industries
7th Cir. · 2009 · confidence medium
The cases do permit the “sanitization” of prior- crimes evidence used to impeach, but they mean by this just concealing the nature or name of the crime, e.g., United 6 No. 08-2370 States v. Stokes, 211 F.3d 1039, 1042-43 (7th Cir. 2000); United States. v. Hursh, 217 F.3d 761, 768 (9th Cir. 2000); United States. v. Clark, 184 F.3d 858, 867 (D.C.
cited Cited as authority (rule) United States v. Lugo-Cuevas
9th Cir. · 2008 · confidence medium
See United States v. Cantrell, 438 F.3d 1269, 1283 (9th Cir.2006); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Lugo-Cuevas
9th Cir. · 2008 · confidence medium
See United States v. Cantrell, 438 F.3d 1269, 1283 (9th Cir.2006); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) Simpson v. Thomas
9th Cir. · 2008 · confidence medium
"These factors are: (1) the impeachment value of the prior crime; (2) the point in time of the conviction and the witness's subsequent history; (3) the similari *691 ty between the past crime and the charged crime; (4) the importance of defendant’s testimony; and (5) the centrality of defendant's credibility.” United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).
discussed Cited as authority (rule) Simpson v. Thomas
9th Cir. · 2008 · confidence medium
“These factors are: (1) the impeachment value of the prior crime; (2) the point in time of the convic- tion and the witness’s subsequent history; (3) the similarity between the past crime and the charged crime; (4) the importance of defendant’s testi- mony; and (5) the centrality of defendant’s credibility.” United States v. Hursh, 217 F.3d 761, 768 (9th Cir. 2000).
cited Cited as authority (rule) United States v. Upshaw
6th Cir. · 2004 · confidence medium
See United States v. Taylor, 207 F.3d 452, 454 (8th Cir.2000); United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Springmeier
9th Cir. · 2004 · confidence medium
“We review de novo the district court’s denial of a motion for judgment of acquittal based upon insufficient evidence,” and “ask whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Hursh, 217 F.3d 761, 767 (9th Cir.2000) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Roberto Martinez-Martinez
9th Cir. · 2004 · confidence medium
United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).
cited Cited as authority (rule) United States v. Leroy Roosevelt Mack
9th Cir. · 2004 · confidence medium
We review “the denial of a motion for a new trial for an abuse of discretion.” United States v. Hursh, 217 F.3d 761, 769 (9th Cir.2000) (citation omitted).
discussed Cited as authority (rule) United States v. Byrne
9th Cir. · 2004 · confidence medium
See id. at 717-18 (reasonable suspicion based in part on gas tank hoses that appeared freshly replaced, clamp marks that indicated parts of the tank had recently been removed, and the inspecting officers’ experience and training); United States v. McGowan, 274 F.3d 1251, 1252-53 (9th Cir.2001) (when agent tapped the gas tank it sounded “hard, as if it contained something solid rather than gasoline”); United States v. Hursh, 217 F.3d 761, 765 (9th Cir.2000) (gas tank sounded “solid” when tapped). 3.
discussed Cited as authority (rule) United States v. Carrillo
9th Cir. · 2003 · confidence medium
See United States v. Antonakeas, 255 F.3d 714, 725 (9th Cir.2001) (reviewing de novo motion for new trial on Brady grounds); Unit ed States v. Hursh, 217 F.3d 761, 769 (9th Cir.2000) (reviewing for abuse of discretion motion for new trial); United States v. Del Muro, 87 F.3d 1078 , 1080 n. 3 (9th Cir.1996) (stating abuse-of-discretion standard of review for motion for post-trial evidentiary hearing). .
discussed Cited as authority (rule) United States v. Moran-Sandoval (2×) also: Cited "see, e.g."
9th Cir. · 2003 · confidence medium
Reviewing for clear error, United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000), we find the argument unpersuasive.
discussed Cited as authority (rule) United States v. Brooks
9th Cir. · 2003 · confidence medium
We review “ ‘for manifest error a court’s findings regarding juror impartiality.’ ” United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000) (quoting United States v. Hanley, 190 F.3d 1017, 1030 (9th Cir.1999)).
cited Cited as authority (rule) United States v. Ryncarz
9th Cir. · 2003 · confidence medium
United States v. Hursh, 217 F.3d 761, 769 (9th Cir.2000).
cited Cited as authority (rule) United States v. Navar-Aguirre
9th Cir. · 2002 · confidence medium
United States v. Hwrsh, 217 F.3d 761, 770 (9th Cir.2000).
discussed Cited as authority (rule) United States v. Guerra-Vasquez
9th Cir. · 2002 · confidence medium
An amount far smaller than the 678 pounds of marijuana transported by Guerra-Vasquez is enough to deny a minor role adjustment. ' United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000) (considering 59.3 pounds of marijuana substantial enough to preclude minimal role adjustment); see also United States v. Liu, 941 F.2d 844, 849 (9th Cir. 1991) (stating possession of a substantial amount of narcotics is sufficient evidence to support the denial of a mitigating role adjustment).
cited Cited as authority (rule) United States v. Gurrola-Olivas
9th Cir. · 2002 · confidence medium
United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Castro-Cardenas
9th Cir. · 2002 · confidence medium
United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Hernandez-Romero
9th Cir. · 2002 · confidence medium
United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Johnson
9th Cir. · 2001 · confidence medium
United States v. Rojas-Millan, 234 F.3d 464, 473 (9th Cir.2000); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).
cited Cited as authority (rule) United States v. Gutierrez
9th Cir. · 2001 · confidence medium
United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000); United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir.1994).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Raohl HURSH, Defendant-Appellant
99-50504.
Court of Appeals for the Ninth Circuit.
Jul 6, 2000.
217 F.3d 761
2000 Cal. Daily Op. Serv. 5485
2000 U.S. App. LEXIS 15611
2000 WL 890464
Mark A. Chambers, Escondido, California, for the defendant-appellant., Cynthia Bashant (Argued), Assistant United States Attorney, and Renee M. Bunker (On the Briefs), Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.
Wallace, Trott, Gould.
Cited by 94 opinions  |  Published
Pinpoint authority: bottom 53%
TROTT, Circuit Judge:

Raohl D. Hursh (“Hursh”) appeals his jury convictions and sentence for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960, and for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we AFFIRM Hursh’s convictions and sentence.

I

FACTUAL BACKGROUND

On January 15, 1999, at approximately 7:00 p.m., Hursh, who was the driver and sole occupant of a 1982 Chevrolet Camaro, attempted to enter the United States from Mexico at the port of entry in Calexico, California. At the port of entry, Hursh was first approached by Immigration and Naturalization Service (“INS”) Inspector Ruben Vela. Inspector Vela questioned Hursh about the purpose of his trip to Mexico, to which he responded “I went down there to look around.” Vela testified that, during questioning, Hursh seemed nervous, he did not maintain eye contact, and he was looking around at the other vehicles, the street, and the secondary lot. Vela therefore decided to inspect the situation further and proceeded to walk around the vehicle. As he did so, Vela peered into the hatchback and noticed that there were no personal belongings or effects in the car. At that point, Vela referred Hursh to secondary inspection.

At the secondary inspection lot, Hursh was questioned by INS Inspector Joseph Rodriguez, who, like Vela, asked Hursh about the purpose of his trip to Mexico. Inspector Rodriguez testified that Hursh told him (1) that he was delivering a vehicle to an auto dealer in Calexico, and (2) “that he was just down there to visit a couple cocktail bars.” According to Rodriguez, Hursh avoided eye contact as he answered this question. Rodriguez then requested identification, and Hursh provided his California driver’s license. Rodriguez said that Hursh’s hands were shaking as he handed over his license, which led him to believe that Hursh was nervous.

At that point, Rodriguez asked Hursh to turn off the car, step out of the vehicle, open up the hood and trunk, and stand in front of the car. Initially, Hursh objected to turning off the car, explaining that the battery was low; however, when Rodriguez insisted he turn off the vehicle “for officer safety,” Hursh complied. Hursh then exited the vehicle, opened the hood and trunk, and stood in front of the car. Rodriguez testified that as Hursh stood in front of the car, he was “quite nervous,” evidenced by the fact that he was “tapping his foot on the floor, just being fidgety, [and] moving around.”

Rodriguez then summoned a drug dog to inspect the exterior and interior of Hursh’s vehicle. As the dog searched the car, Hursh pulled out his wallet and showed[*765] Rodriguez a picture of his wife — an immigration inspector in Los Angeles — in her uniform. At trial, Rodriguez testified that he believed Hursh showed him this picture in order to create some sort of “diversion.” Because the drug dog did not alert to any particular part of the vehicle, Rodriguez proceeded to inspect the car himself. In so doing, Rodriguez tapped the gas tank and noticed that it sounded solid, which, in his experience, meant that there was something inside.

Shortly thereafter, Rodriguez escorted Hursh into the security office for a routine pat down, after which Rodriguez returned to the vehicle to continue his inspection. In particular, Rodriguez inspected the gas tank with a fiber optic tool that allowed him to view the inside of the tank. Rodriguez testified that, using this tool, he was able to see “colored packages” inside the gas tank, which he concluded were some sort of controlled substance. At that point, the vehicle, which would not start, was towed to a nearby service station to have the gas tank removed. When the mechanics removed the gas tank, they discovered about two and one-half gallons of gasoline as well as thirty-six packages of marijuana (approximately 59.3 pounds) inside.

Subsequently, United States Customs Special Agent Jay Pina was assigned to the case. At approximately 11:23 p.m. on January 15, 1999, Pina arrested Hursh. Pina testified that at the time of arrest, Hursh seemed very tense, as he was clenching his fists, breathing extremely heavily, and staring at the ceiling. Although he was advised of his Miranda rights, Hursh waived these rights and agreed to speak with Pina. According to Pina, Hursh initially told him that he was in Mexico because he was delivering the 1982 Camaro to a car dealer in Calexico for someone named “Fernando.” However, Pina testified, Hursh then changed his story saying that Fernando had driven the Camaro, while Hursh followed in another vehicle. Hursh then proceeded to tell Pina the rest of his version of the story to which he also testified at trial.

According to Hursh, once arriving in Calexico, he parked the car he was driving, Fernando paid him $60 for his services, and he got into the Camaro with Fernando. It was approximately 3:00 p.m. at this point, and the two men decided to go to some bars in Mexicali. When they arrived in Mexicali, Fernando dropped Hursh off at a bar, parked the Camaro, and joined Hursh about ten to fifteen minutes later. After having a couple of beers, Fernando left the bar for about twenty minutes. When Fernando returned, the two men decided to go to another bar, where they had a couple of more beers before Fernando once again left.

Hursh testified that, after Fernando left the bar the second time, he did not see him again until about 6:30 that night. Hursh explained that he was window shopping when Fernando drove down the street in the Camaro yelling “Raohl, come on. Let’s go.” At that point, Hursh got into the car with Fernando, and they headed toward the border. There were several vehicles at the border, so Hursh and Fernando were in line for approximately twenty-five minutes before reaching primary inspection. As they waited in line, Fernando told Hursh that he had to walk across the border and, thus, asked Hursh if he would drive the car through the port of entry. Hursh agreed, Fernando exited the car, and Hursh climbed into the driver’s seat. Before Fernando got out of the car, however, he allegedly instructed Hursh not to turn off the car because it “won’t start again.” Soon thereafter, Hursh entered the primary inspection area, and the events discussed above unfolded.

Pina testified that after listening to Hursh’s version of the story, he questioned him further. To begin, he asked Hursh to approximate the amount of time that he and Fernando were separated while in Mexicali. Hursh told Pina that Fernando was gone for a total of about one hour.[*766] Pina then suggested to Hursh that Fernando could not possibly have retrofitted the gas tank and hidden the marijuana in such a short amount of time. In response, Hursh insisted that such a task could be accomplished in an hour, and then he proceeded to explain the process to Pina in “extreme detail.” At the end of this explanation, Hursh said “I’m also a mechanic. I know these things.”

II

PROCEDURAL BACKGROUND

On January 27, 1999, a federal grand jury indicted Hursh for importation of marijuana pursuant to 21 U.S.C. §§ 952 and 960 and for possession of marijuana with intent to distribute pursuant to 21 U.S.C. § 841(a)(1). Both Hursh and the government filed several pre-trial motions, only one of which — the government’s motion to admit impeachment evidence under Federal Rule of Evidence (“FRE”) 609 — is relevant to this appeal. On April 19, 1999, the district court reserved ruling on that motion until the court had an opportunity to hear Hursh’s testimony at trial.

The trial began on April 20, 1999, and lasted for two days. As mentioned in the previous section, Vela, Rodriguez, and Pina, among others, testified for the government, and Hursh opted to take the stand and testify on his own behalf. In short, Hursh’s defense was that he had been “tricked” by Fernando, and that he knew nothing about the marijuana in the gas tank of the Camaro. After hearing Hursh’s testimony, the district judge determined that the evidence regarding Hursh’s prior felony conviction was more probative than prejudicial and, therefore, granted the government’s motion to admit the impeachment evidence under FRE 609.

On the morning of April 21, 1999, which was after the close of evidence, but before closing arguments, one of the jurors — Earnest Post (“Juror Post”) — -sent a note to the judge, which said:

I move to ask the judge a question in private about the law. I would like to do it in private because I believe if counsel hears my question, it might illuminate my position. I want to remain anonymous to both sides as to my position. My question is about only the charges and the reasons given by the defense. Thank you.

After receiving the note, Judge Keep met with both parties’ attorneys in chambers and told them about the note. At that tiifie, Hursh’s attorney objected to Juror Post remaining on the panel and asked that he be replaced by an alternate. Hursh’s attorney explained to Judge Keep that “[i]t appears that he’s already decided — I mean, just from the note, I — that he’s already decided — if he’s already asking questions about the law before he’s even been instructed on the law....” The district court overruled the objection, decided to keep Juror Post on the panel, and denied Hursh’s motion for a mistrial. In addition, the court sent the following note back to Juror Post:

It would be improper for me to meet with you alone. Counsel are going to make their final comments to you now, and then I will instruct the panel on the law. Once you go into the jury room and go over the instructions, if you still have a question about the law, you may write a note signed by your presiding juror, yourself, or any member of the jury.

Later that afternoon, the attorneys presented their closing arguments, the court instructed the jury, and the jury began deliberating. Before the members of the jury were dismissed that day, they were instructed not to discuss any aspect of the case unless all twelve jurors were present.

The next morning at 9:00 a.m., the jurors were summoned and brought to the jury room by law clerks/bailiffs Ryan Gold-stein and Todd Jackson. The bailiffs counted the jurors as they entered the jury room and realized that one juror was[*767] missing. The bailiffs checked the hallway, but they did not find the twelfth juror. Approximately ninety seconds to three minutes passed before Goldstein returned to the jury room and re-admonished the jury not to discuss the ease. One of the jurors told Goldstein that nobody had discussed the case, but that they were reading over their notes and looking at the exhibits on their own. Goldstein instructed them to stop reviewing any materials related to the case until all twelve jurors were present.

Goldstein then left the room and joined Jackson, who was still trying to locate the missing juror. Within five minutes, the twelfth juror was located and escorted to the jury room. According to the court reporter’s notations, the eleven jurors entered the jury room at 9:05 a.m., while the twelfth juror arrived at 9:14 a.m. After deliberating for about three hours, the jurors returned a unanimous guilty verdict on both counts of the indictment. Hursh then made a motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29, which the district court denied.

Prior to his sentencing hearing, Hursh moved for a new trial based on (1) the district court’s decision to admit the FRE 609 evidence, and (2) the fact that the verdict was not unanimous in light of the twelfth juror’s late arrival to the deliberations. In addition, Hursh moved for a downward adjustment under U.S.S.G. § 8B1.2(a) because, he contended, he was a minimal participant in the crime for which he was convicted. At the sentencing hearing on July 12, 1999, the district court denied both of these motions. The court then sentenced Hursh to a prison term of forty-six months on each count, to run concurrently, with three years of supervised release. Hursh appeals.

Ill

DISCUSSION

Hursh argues that we should reverse his convictions for the following reasons: (1) there was insufficient evidence to support the verdict; (2) the district court abused its discretion in granting the government’s motion to admit impeachment evidence under FRE 609; (3) the district court erred by failing to excuse Juror Post from the panel; and (4) the verdict was not unanimous as required by Federal Rule of Criminal Procedure 31(a) because one of the jurors arrived late to the deliberations. Hursh also challenges his sentence, contending that the district court erred in denying his motion for a downward adjustment based on his role as a minimal participant. We conclude that all of Hursh’s contentions are without merit and, therefore, we affirm.

A. Sufficiency of the Evidence

We review de novo the district court’s denial of a motion for judgment of acquittal based upon insufficient evidence to sustain a conviction. United States v. Hernandez, 105 F.3d 1330, 1332 (9th Cir.1997). In reviewing a challenge to the sufficiency of the evidence, we must ask whether, viewing “the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Hubbard, 96 F.3d 1223, 1226 (9th Cir.1996) (internal quotation marks omitted).

Hursh asserts that there was insufficient evidence to support the verdict because the government failed to prove that he had knowledge of the marijuana in the gas tank. Hursh is wrong. To begin, it is well-settled that “[mjere possession of a substantial quantity of narcotics is sufficient evidence to support a finding that a defendant knowingly possessed the narcotics.” United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985). Here, Hursh was the driver and sole occupant of a car whose gas tank contained 59.3 pounds of marijuana, which is a “substantial quantity of narcotics.” As such, the jury could properly infer that Hursh knew about the[*768] drugs. See United States v. Davila-Escovedo, 36 F.3d 840, 843 (9th Cir.1994).

Moreover, the government presented other evidence that Hursh knew about the marijuana in the gas tank. First, Inspectors Vela and Rodriguez testified that Hursh seemed very nervous during questioning. Second, there was evidence that Hursh changed his story about the purpose of his trip to Mexico. Third, Rodriquez testified that Hursh refused to turn off the car and attempted to create a diversion by showing him a picture of his wife. Finally, Agent Pina testified that Hursh explained the process of retrofitting a gas tank in great detail. Based on all of this evidence, a rational juror could have concluded that the government established beyond a reasonable doubt that Hursh had knowledge of the marijuana in the gas tank.

B. FRE 609 Impeachment Evidence

Next, Hursh argues that we should reverse his convictions because the district court erred in admitting evidence of his prior felony conviction for impeachment purposes. We review the district court’s decision to admit impeachment evidence for an abuse of discretion. United States v. Bensimon, 172 F.3d 1121, 1125 (9th Cir.1999).

Generally, FRE 609 provides that evidence of prior felony convictions is admissible for purposes of attacking a witness’s credibility if the prejudicial effect of the evidence is outweighed by its probative value. See Fed.R.Evid. 609. In United States v. Browne, 829 F.2d 760 (9th Cir.1987), we outlined five factors that a district court should consider in balancing the probative value of evidence of a defendant’s prior convictions against that evidence’s prejudicial effect. Id. at 762-63. These factors are: (1) the impeachment value of the prior crime; (2) the point in time of the conviction and the witness’s subsequent history; (3) the similarity between the past crime and the charged crime; (4) the importance of defendant’s testimony; and (5) the centrality of defendant’s credibility. Id.

A review of the record in this case reveals that the district court heard Hursh’s direct examination testimony, properly considered and weighed all of the Browne factors, and then granted the government’s motion to admit evidence of Hursh’s prior felony conviction. Furthermore, the evidence of Hursh’s prior felony conviction was “sanitized,” meaning the nature of the felony for which Hursh was convicted — possession of heroin — was not discussed. Thus, we conclude that the district court did not abuse its discretion in admitting this evidence.

C. District Court’s Failure to Excuse Juror Post

Hursh’s third contention is that his conviction should be reversed because the district court erred by failing to excuse Juror Post from the panel. We review “for manifest error a court’s findings regarding juror impartiality.” United States v. Hanley, 190 F.3d 1017, 1030 (9th Cir.1999) (internal quotation marks omitted). Hursh bears the burden of showing that Post “was actually biased” against him, “and that the district court abused its discretion or committed manifest error when it failed to excuse [Juror Post] for cause.” See id. (internal quotation marks omitted). Hursh fails to meet this burden.

Hursh maintains that Juror Post should have been removed from the panel because, as evidenced by the note sent to Judge Keep, he had formed an opinion about the case prematurely. It is true that “[t]he theory of the law is that a juror who has formed an opinion cannot be impartial.” Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961) (internal quotation marks omitted). The Supreme Court has explained, however, that

scarcely any of those best qualified to serve as jurors will not have formed some impression or opinion as to the[*769] merits of the case.... To hold that the mere existence of any preconceived notion as to guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a ... juror’s impartiality would be to establish an impossible standard. It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.

Id. at 722-23.

Here, Juror Post’s note simply stated that he believed if counsel heard his question, “it might illuminate [his] position.” Even if we assume arguendo that this statement indicates Juror Post had formed an opinion, that does not necessarily mean he was actually biased against Hursh. Indeed, if Juror Post could “lay aside his impression or opinion and render a verdict based on the evidence presented in court,” id. at 723, 81 S.Ct. 1639, then he was impartial.

The only evidence that Hursh has presented to prove that Juror Post was biased is the note sent to Judge Keep. As the district court concluded, however, there is nothing in the note to suggest that Juror Post had already made up his mind, that he would not deliberate, or that he would not base his verdict on the evidence. Moreover, Post wrote the note after the close of evidence; therefore, it is likely that any opinion he might have formed by the time he wrote the note was based on the evidence presented in court. Accordingly, we hold that Hursh has failed to sustain his burden of proving that Juror Post was actually biased against him.

D. Unanimous Verdict

Hursh’s final claim regarding his convictions is that the district court erred in denying his motion for a new trial on the ground that the verdict was not unanimous as required by Federal Rule of Criminal Procedure 31(a) (“Rule 31(a)”). [1] We review the district court’s finding that a jury’s verdict is unanimous under the clearly erroneous standard, United States v. McClintock, 748 F.2d 1278, 1292 (9th Cir.1984), and the denial of a motion for a new trial for an abuse of discretion, United States v. Peterson, 140 F.3d 819, 821 (9th Cir.1998).

Hursh bases his argument that the verdict was not unanimous on the fact that one of the jurors arrived late to deliberations, leaving the other eleven jurors in the jury room unsupervised for approximately ten minutes. During ninety seconds to three minutes of this time, the jurors silently read over their notes and examined the exhibits, which, according to Hursh, amounted to “deliberations.” Hursh contends that because only eleven jurors participated in these “deliberations,” the verdict was not unanimous and a new trial should have been granted. We disagree.

The term “deliberations” is not defined by statute or case law; therefore, we must look to the dictionary for the ordinary, common meaning of this word. Black’s Law Dictionary defines “deliberation” as:

The act of carefully considering issues and options before making a decision or taking some action; esp., the process by which a jury reaches verdict, as by analyzing, discussing, and weighing the evidence.

Black’s Law Dictionary 438-39 (7th ed.1999) (emphasis added). Here, all that the eleven jurors did was silently review their notes and examine the exhibits. They did not discuss the case with their fellow jurors. We conclude that such conduct does not involve analyzing, discussing, or weighing the evidence and, therefore, does not rise to the level of “deliberations.” Cf. Allen v. United States, 164 U.S. 492, 501, 17 S.Ct. 154, 41 L.Ed. 528 (1896) (“The very object of the jury system is to secure unanimity by a comparison of[*770] views, and by arguments among the jurors themselves.”)- Accordingly, we hold that the district court did not clearly err in finding that the verdict was unanimous for purposes of Rule 31(a), and we affirm the district court’s denial of Hursh’s motion for a new trial.

E. Sentencing

Finally, Hursh challenges his sentence on the ground that the district court erred in denying his motion for a downward adjustment pursuant to section 3B1.2 of the United States Sentencing Guidelines (“U.S.S.G.”). [2] We review the district court’s finding that the defendant was not a minimal or minor participant for purposes of U.S.S.G. § 3B1.2 for clear error. United States v. Ruelas, 106 F.3d 1416, 1419 (9th Cir.1997).

There is no evidence that Hursh’s role in the crimes for which he was convicted was minimal or minor. Rather, Hursh was the driver and sole occupant of a vehicle in which a substantial amount of marijuana was hidden, and the evidence proved that Hursh knew the drugs were in the gas tank. Hence, the district court properly denied Hursh’s motion for a downward adjustment. See United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994) (“[T]he fact that a defendant acted as a drug courier does not [necessarily] mean his role was minimal or minor.”); United States v. Rigby, 896 F.2d 392, 393-94 (9th Cir.1990) (defendant not a minor participant when he was sole occupant of a car in which 173 grams of methamphetamine and a loaded handgun were found).

AFFIRMED.

1

. Rule 31(a) provides that "The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.” Fed. R.Crim.P. 31(a).

2

. U.S.S.G. § 3B 1.2 provides:

Based on the defendant’s role in the offense, decrease the offense level as follows:

(a) If the defendant was a minimal participant in any criminal activity, decrease by 4 levels.
(b) If the defendant was a minor participant in any criminal activity, decrease by 2 levels.

In cases falling between (a) and (b), decrease by 3 levels.