United States v. Jose Vargas-Mariscal

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose VARGAS-MARISCAL, Defendant-Appellant. No. 90-50548. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Nov. 19, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jose Vargas-Mariscal appeals his sentence and conviction for conspiracy to possess a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1988); aiding and abetting possession of a controlled substance with intent to distribute, in violation of 18 U.S.C. 2 and 21 U.S.C. 841(a)(1); and aiding and abetting and forcibly assaulting, resisting and impeding a federal officer, in violation of 18 U.S.C. §§ 2 , 111, and 1114 (1988). Vargas-Mariscal was sentenced to a total of 210 months on all counts. We affirm the district court for the reasons delineated below. 3 * Vargas-Mariscal first argues…