Jesus Maria Ochoa v. United States

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jesus Maria OCHOA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 89-55264. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1989. * Decided Dec. 4, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Maria Ochoa, the appellant, checked in at the Westin South Coast Plaza Hotel (the "Westin") under circumstances that led a hotel employee to conclude that Ochoa fit a drug-trafficker profile circulated by the police. The employee notified the police. The police followed Ochoa and arrested him after observing him remove two boxes from the trunk of a car and placing them in the trunk of a car in his possession. The boxes contained approximately twenty kilograms of cocaine. 3 Ochoa was indicted for possession of the cocaine with intent to distribute, in violation of 18 U.S.C. § 841 (a)(1). At his first trial, Ochoa testified that he had…