United States v. Bernardo Valencia

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bernardo VALENCIA, Defendant-Appellant. No. 91-50585. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided March 23, 1993. As Amended April 5, 1993. Before D.W. NELSON, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Bernardo Valencia was arrested in February, 1991, while delivering twenty-five kilograms of cocaine to undercover Drug Enforcement Agency (DEA) agents. The arrest was the culmination of a four-month DEA investigation that had been initiated at the suggestion of, and pursued with the assistance of, a DEA informant. Valencia was found guilty of one count of conspiracy to possess cocaine with the intent to distribute it. We affirm his conviction and remand for the limited purpose described below. 3 I. Jury Instructions. 4 At trial, Valencia admitted that he had been involved in cocaine distribution prior to 1985, and…