United States v. Jesse Gonzales Flores

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesse Gonzales FLORES, Defendant-Appellant. No. 91-10128. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jesse Gonzales Flores appeals his conviction for conspiracy to distribute cocaine under 21 U.S.C. 846 (1988) and possession with intent to distribute cocaine under 21 U.S.C. 841(a)(1) (1988). We affirm. 3 * Flores' Statement To Probation Officer Chassen 4 Defendant Jesse claims co-defendant Flores' prior inconsistent statement to probation officer Chassen was inadmissible hearsay which required an "instruction limiting its use only for impeachment ... to avoid its being used as substantive proof." Tafollo-Cardenas, 897 F.2d 976, 978-80 (9th Cir.1990); United States v. Ragghianti, 560 F.2d 1376, 1380 (9th Cir.1977). 5 The government contends the…