United States v. Antonio Vasquez-Cruz

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio VASQUEZ-CRUZ, Defendant-Appellant. No. 91-50677. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 2, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Vasquez-Cruz appeals his conviction and sentence under the United States Sentencing Guidelines, following a jury trial, for conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a) and 846. Vasquez-Cruz contends that the district court erred by (1) denying his motion for a new trial based on the prosecutor's failure to disclose exculpatory evidence and (2) increasing his offense level pursuant to U.S.S.G. § 2D1.1(b)(1) for use of a firearm during a drug offense. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Motion for New Trial 4 "We review for abuse of…