United States v. Carlos Cortes Cruz

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos Cortes CRUZ, Defendant-Appellant. No. 91-50406. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1993. Submission Vacated Jan. 7, 1993. Resubmitted Feb. 5, 1993. Decided May 7, 1993. 1 Before CANBY and NORRIS, Circuit Judges, and TANNER, * District Judge 2 MEMORANDUM ** 3 Carlos Cortes Cruz appeals his conviction and sentence for possession with intent to distribute cocaine and marijuana. He challenges several evidentiary decisions, the sufficiency of the evidence, joinder of co-defendants, the conduct of the prosecutor in closing argument, and the use of a prior conviction in calculating his criminal history score. We affirm. 4 * In reviewing the sufficiency of the evidence, we must consider whether, viewed in the light most favorable to the prosecution, the evidence was sufficient to support the verdict. United States v. Larios,…