United States v. Jose Marino-Biarreal

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose MARINO-BIARREAL, Defendant-Appellant. No. 89-50444. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. * Decided June 25, 1992. Before POOLE, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jose Marino-Biarreal (Marino) appeals his conviction of conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. § 846 , and possession of 10 kilograms of cocaine with the intent to distribute, in violation of 18 U.S.C. § 841 (a)(1). We affirm. FACTS 3 Marino was indicted with codefendants Jesse Arzate and Macario Garcia following an undercover operation by the San Fernando Police Department. Undercover agents observed Marino arrive at Arzate's apartment complex in a yellow Cadillac and then follow Arzate into the complex. Agent Halcon observed Marino watching the narcotics sale taking place between the…