United States v. Loranza Verne Powell

Good Law
91 Daily Journal DAR 5518·932 F.2d 1337·1991 WL 74247·1991 U.S. App. LEXIS 9248·91 Cal. Daily Op. Serv. 3469
United States Court of Appeals for the Ninth CircuitMay 13, 199189-10557California2,737 words

Opinion

Opinion

Farris, J.

OVERVIEW

Loranza Verne Powell appeals his conviction and sentence for possession of cocaine with intent to distribute. We affirm.

JURISDICTION

The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 .

ISSUES

(1) Whether the district court committed reversible error by declining to ask the venire whether they would give the testimony of law enforcement agents greater credibility than that of other witnesses.

(2) Whether the district court’s determination that the jury verdict on count two was unanimous was clearly erroneous.

(3) Whether the district court’s refusal to give a special unanimity instruction was plain error.

(4) Whether the district court erred in failing to give lesser included offense instructions.

(5) Whether the district court erred in determining the amount of cocaine possessed by Powell for purposes of sentencing.

FACTS

On November 11, 1988, customs agents received a tip that an individual was in Marin County to transport one million dollars to Los Angeles. Their investigation resulted in the surveillance of Ricardo Guzman, Jose Pons, and Powell. On…

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