United States v. Alfred Ethridge

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfred ETHRIDGE, Defendant-Appellant. No. 89-50336. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1992. * Decided Dec. 15, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Alfred Ethridge appeals his conviction and sentence for two counts of possession of cocaine base with intent to distribute. 28 U.S.C. § 841 (a)(1). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm. QUANTITY OF COCAINE 3 Ethridge contends it was error for the jury to determine the amount of cocaine in his possession, rather than the district court. He acknowledges that this error was not raised below, but asserts that his case comes within the first exception to the waiver rule; i.e., that…