United States v. Bacilio Garcia

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bacilio GARCIA, Defendant-Appellant. No. 92-50107. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Feb. 11, 1993. Appeal from the United States District Court for the Southern District of California, No. CR-90-856-07-LCN; Leland C. Nielsen, District Judge, Presiding. S.D.Cal. AFFIRMED. Before JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Bacilio Garcia was convicted of conspiracy to distribute cocaine base, distribution of cocaine and aiding and abetting, and possession with intent to distribute. Garcia was also convicted of possessing a pistol, but attained post-judgment acquittal. Garcia appeals on two grounds: (1) that there was insufficient evidence to convict him for possession with intent to distribute; and (2) that he received inadequate notice that his base offense level would be…