United States v. Steve v. Arbizo

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steve V. ARBIZO, Defendant-Appellant. No. 91-16404. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1992. Decided Dec. 16, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Steve V. Arbizo, a federal prisoner, appeals from the district court's denial of his motion under 28 U.S.C. § 2255 seeking relief from his conviction for possession of marijuana with intent to distribute on the ground that one of the court's instructions to the jury was improper. FACTS AND PROCEDURAL HISTORY 3 On January 29, 1989, at approximately 2:00 a.m., U.S. Border Patrol Agents Eric Odden and Richard Chamblain observed two cars driving in tandem on Highway 83 in southern Arizona. The cars, each equipped with a CB antenna, turned off the highway together onto a frontage road. Odden saw the first car turn into a steakhouse parking lot…