United States v. Carlos Javier Marulanda

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Carlos Javier MARULANDA, Defendant-Appellant. No. 90-10389. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1991. Decided Aug. 18, 1992. 1 Before CHOY and SNEED, Circuit Judges, and KELLEHER, * District Judge. ORDER AND AMENDED MEMORANDUM DISPOSITION ORDER 2 The panel that heard this case unanimously has voted to deny appellee's petition for rehearing. However, the panel has amended the Memorandum Disposition filed herein on November 22, 1991, and the Memorandum so amended follows. INTRODUCTION 3 Following a jury trial and conviction for engaging in a narcotics conspiracy, Marulanda appealed to this Court. Appellant claimed that there was a variance between the indictment and the proof at trial which was prejudicial, warranting reversal, in that it resulted in the admission of irrelevant evidence and inadmissible hearsay. Specifically,…