United States v. Tyrone Tucker

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tyrone TUCKER, Defendant-Appellant. No. 91-50096. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 1993. Decided March 17, 1993. Before SCHROEDER, DAVID R. THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Tucker was convicted along with a co-defendant, Wilborn, for crimes involving the possession and distribution of cocaine base. His timely appeal raises six issues. Three of these, however, have already been addressed by this court in connection with Wilborn's appeal. See United States v. Wilborn, No. 91-50092 (9th Cir. Oct. 30, 1992). These claims are therefore governed by the doctrine of law of the case. See United States v. Schaff, 948 F.2d 501, 506 (9th Cir.1991). Accordingly, relief is foreclosed with respect to those of Tucker's claims that involve (1) pre-indictment delay, (2) the admission into evidence and use by the…