United States v. Pablo Ponce-Rodriguez

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pablo PONCE-RODRIGUEZ, Defendant-Appellant. No. 91-50501. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1992. * Decided May 13, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 A jury convicted Pablo Ponce-Rodriguez of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). [ER 29]. Codefendant Rafeal Ferreira-Zamora's testimony supplied most of the evidence against Ponce-Rodriguez. Ponce-Rodriguez did not, himself, take the stand. He states that he did not testify because of the government's threat to impeach his testimony with the results of a stipulated polygraph examination. 3 On appeal, he challenges the sufficiency of the evidence to support his conviction. He also challenges the district court's failure to preclude any use of the polygraph results. We have jurisdiction over…