United States v. Pablo Garcia-Pena

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pablo GARCIA-PENA, Defendant-Appellant. No. 92-30305. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 17, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Pablo Garcia-Pena appeals his conviction following entry of a guilty plea to distributing heroin in violation of 21 U.S.C. § 841 (a)(1) and carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). Garcia-Pena contends that the district court erred by denying his motion to dismiss the indictment on double jeopardy grounds. The government contends that Garcia-Pena waived review of the issue by failing to object to the magistrate's report on the motion to dismiss and by pleading guilty to the charges in the indictment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Here,…