United States v. Thomas G. Smith

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas G. SMITH, Defendant-Appellant. No. 90-10603. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 18, 1992. Decided March 17, 1993. Before WILLIAM A. NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Thomas G. Smith appeals his jury conviction for conducting a continuing criminal enterprise, conspiracy to import marijuana, conspiracy to commit interstate travel in aid of racketeering, and making a false statement in violation of 18 U.S.C. § 1001 . 3 Smith argues on appeal that 1) certain evidence introduced at trial was obtained as the result of an illegal search, 2) that he was vindictively prosecuted, and 3) that the government withheld and tampered with his personal papers, thereby depriving him of his right to effective assistance of counsel. We reject all of Smith's claims on appeal except for his claim of an…