United States v. Francisco Javier Lepez

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco Javier LEPEZ, Defendant-Appellant. No. 91-30322. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1992. Decided Sept. 24, 1992. Before BEEZER, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Francisco Javier Lepez appeals his conviction for distribution of cocaine, a schedule II controlled substance. 21 U.S.C. § 841 (a)(1) (1988). We affirm. 3 * The Body Wire Tape 4 Lepez claims the district court committed prejudicial error by admitting into evidence a tape recording of a conversation between an undercover officer and the defendant because portions of the recording were so inaudible that it was untrustworthy. 5 Questions of the admissibility of evidence which involve factual determination, rather than questions of law, are reviewed for an abuse of discretion. United States v. Wood, 943 F.2d 1048, 1055 (9th Cir.1991).…