United States v. Valentin Mendoza-Cisneros

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Valentin MENDOZA-CISNEROS, Defendant-Appellant. No. 90-30285. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 28, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Valentin Mendoza-Cisneros appeals his convictions, following a bench trial, for possession, conspiracy to distribute, and distribution of five hundred grams or more of a mixture and substance containing cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B) and 846. Mendoza-Cisneros contends that the district court erred by failing to dismiss the indictment against him as violative of the Double Jeopardy clause. He argues that his prosecution in the Western District of Washington, following the dismissal of an indictment in the Eastern District of Washington charging the same offenses, constitutes a second prosecution…