United States v. Jorge Luis Gomez

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge Luis GOMEZ, Defendant-Appellant. No. 90-10527. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 7, 1991. Decided March 18, 1993. Before FLETCHER, WIGGINS and KOZINSKI, Circuit Judges: 1 MEMORANDUM * 2 A jury convicted Gomez of possession of cocaine with intent to distribute. See 21 U.S.C. § 841 (a). He appeals the district court's refusal to give a lesser included offense instruction, the denial of his motion to suppress evidence recovered during a search of his apartment and the district court's calculation of his sentence. 3 A. Gomez argues the district court erred by refusing his request for a lesser included offense instruction. He claims the jury might have concluded that, although Gomez possessed more than five kilograms of cocaine, he actually intended to distribute less than that. But "[s]ection 841(a) does not specify…