Hernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50920 Plaintiff-Appellee, v.  D.C. No.

CR-04-02983-IEG

MARCOS ALONZO HERNANDEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, District Judge, Presiding

Argued and Submitted October 17, 2006—Pasadena, California

Filed February 14, 2007

Before: Harry Pregerson, Ronald M. Gould, and Richard R. Clifton, Circuit Judges.

Opinion by Judge Gould

1827 1830 UNITED STATES v. HERNANDEZ

COUNSEL

James Fife, Federal Defenders of San Diego, Inc., San Diego, California, for appellant Marcos Alonzo Hernandez.

Bruce C. Smith, Assistant United States Attorney, San Diego, California, for appellee United States of America.

OPINION

GOULD, Circuit Judge:

Petitioner Marcos Alonzo Hernandez (“Hernandez”) appeals his convictions for possession of methamphetamine UNITED STATES v. HERNANDEZ 1831 with intent to distribute and for importation of more than fifty grams of methamphetamine. Hernandez argues that his con- victions must be…