United States v. Fred Moe Hagler, United States of America v. Steven Lamar Green

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fred Moe HAGLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Steven Lamar GREEN, Defendant-Appellant. Nos. 90-50223, 90-50230. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1992. Decided Oct. 27, 1992. 1 Before SNEED and D.W. NELSON, Circuit Judges, and ROLL ** , District Judge. 2 MEMORANDUM *** 3 Fred Moe Hagler and Steven Lamar Green challenge the sufficiency of the evidence to support their criminal convictions on cocaine trafficking charges. Additionally, Hagler challenges the constitutionality of his sentence under the Eighth and Fifth Amendments, and Green argues that the district court erred in refusing to give his requested jury instruction regarding the government's failure to call a material witness (the so-called missing witness instruction). We affirm. I. FACTS AND PROCEEDINGS BELOW A. The July…