United States v. Jay Dale Norris

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jay Dale NORRIS, Defendant-Appellant. No. 91-10356. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1992. Decided July 8, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Jay Dale Norris was convicted of one count of conspiracy to possess marijuana with intent to distribute and acquitted of one count of possession of marijuana with intent to distribute. He appeals (1) the district court's denial of his motion to suppress, and (2) the district court's denial of his motion for mistrial based on prosecutor's comments during closing argument. We affirm. I. Motion to Suppress 3 Norris' conviction arose from surveillance at the San Miguel Gate, an unmarked, unmanned opening in the fence between the United States and Mexico, located in the desert south of Sells, Arizona, and within the boundaries of the…