United States v. Luis Lua

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Luis LUA, Defendant-Appellee No. 92-10286. United States Court of Appeals, Ninth Circuit. Aug. 18, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Luis Lua was charged with conspiracy to possess with intent to distribute and to distribute five or more kilograms of cocaine (Count I), and with possession of one kilogram of cocaine with intent to distribute (Count II). The jury acquitted him of the conspiracy charge but convicted him of the possession charge. The district court subsequently entered a judgment of acquittal on the possession charge, Count II. See Fed.R.Civ.P. 29(c). The government appeals that judgment. We affirm. 3 The government argues that there is sufficient evidence to convict Lua of possession under two different theories: co-conspirator liability under United States v. Pinkerton, 328 U.S. 640, 645-47 (1946), and…