United States v. Edgar Ryan Witherspoon

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edgar Ryan WITHERSPOON, Defendant-Appellant. Nos. 90-50166, 90-50705. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 19, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Edgar Ryan Witherspoon appeals his conviction for violation of 21 U.S.C. § 841 (a)(1) (possession of a controlled substance with intent to manufacture, distribute or dispense). Witherspoon argues that his conviction should be reversed because the district court admitted unfairly prejudicial evidence, provided improper jury instructions and abused its discretion by failing to grant either of his two motions for a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. 3 * Witherspoon argues that the district court committed reversible error by allowing Kevin Clark, Witherspoon's former…