United States v. Rafael Zermeno, United States of America v. Francisco Velez-Ortiz

977 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael ZERMENO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Francisco VELEZ-ORTIZ, Defendant-Appellant. Nos. 91-50656, 91-50641. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Zermeno and Francisco Velez-Ortiz appeal convictions for their involvement in heroin trafficking in San Diego. Under a plea agreement, Zermeno pled guilty to aiding and abetting the distribution of heroin in violation of 21 U.S.C. § 841 (a) and 18 U.S.C. § 2 . Velez-Ortiz pled guilty to possession of heroin with intent to distribute, in violation of 21 U.S.C. § 842 (a)(1). The agreement allowed defendants to file a motion to dismiss on the basis of outrageous government conduct while reserving the right to appeal in the event the…