United States v. Leon C. Foster

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leon C. FOSTER, Defendant-Appellant. No. 89-10405. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1992. Decided Oct. 16, 1992. Before WALLACE, Chief Judge, POOLE, Circuit Judge, and MARSH, District Judge * MEMORANDUM ** Defendant-appellant, Leon Clifford Foster, appeals his conviction, following a jury trial, for conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and § 846, possession of a firearm in relation to a drug transaction in violation of 18 U.S.C. § 924 ; and possession of methamphetamine in violation of 21 U.S.C. § 844 . Foster raises numerous claims of error in this appeal and for the reasons which follow, we reverse in part, affirm in part and remand. 1. Conspiracy Instruction Appellant's first claim is that the district court erred by failing to instruct the jury that proof…