United States v. Jesse Arzate

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesse ARZATE, Defendant-Appellant. No. 89-50553. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1992. April 27, 1992. Before POOLE, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellant Jesse Arzate appeals his conviction and sentence for conspiracy to distribute cocaine ( 21 U.S.C. § 846 ), possession with intent to distribute cocaine ( 21 U.S.C. § 841 (a)), and using a firearm in connection with a drug-trafficking crime ( 18 U.S.C. § 924 (c)(1)). Arzate challenges his conviction on the grounds that the district court erred in denying his severance motion and in excluding certain evidence. He further argues that the convictions are barred because the government committed outrageous misconduct. As to his sentence, Arzate argues that the district court erred in raising his offense level for being an organizer or…