United States v. Cher Jerry Lee

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Cher Jerry LEE, Defendant-Appellant. No. 91-50349. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1992. * Decided April 27, 1992. 1 Before CANBY, REINHARDT and WIGGINS Circuit Judges. 2 MEMORANDUM ** 3 Cher Jerry Lee ("Lee") was convicted by a jury on April 11, 1991, of possession with intent to distribute a controlled substance (opium) in violation of 21 U.S.C. § 841 (a)(1), and importation of a controlled substance in violation of 21 U.S.C. § 952 (a). He appeals, claiming that the district court erred when it instructed the jury that possession of a quantity of drugs in excess of an addict's requirement supports the inference of intent to distribute. We affirm. 4 Lee was questioned by customs inspectors in Los Angeles International Airport when he arrived aboard a Korean Airlines flight from Seoul, Korea. A subsequent search of Lee's…