United States v. Francisco Mendoza-Estrada

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MENDOZA-ESTRADA, Defendant-Appellant. No. 92-30007. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1992. * Decided Nov. 19, 1992. Before HUG, POOLE and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Francisco Mendoza-Estrada ("Mendoza-Estrada") was convicted of conspiracy to deliver a controlled substance and possession of a controlled substance with intent to deliver in State Superior Court in Yakima County, Washington. One week later, Mendoza-Estrada proceeded to trial in the United States District Court for the Eastern District of Washington on a charge of carrying a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924 (c)(1). The federal charge arose from the same events upon which the State charges were based. 3 Prior to trial, Mendoza-Estrada moved to dismiss the federal charge on the ground that it…