United States v. Ausencio Hernandez-Garza

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ausencio HERNANDEZ-GARZA, Defendant-Appellant. No. 92-30130. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 1992. Decided July 9, 1993. Before WRIGHT, CANBY and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Defendant-Appellant Ausencio Hernandez-Garza appeals his conviction on counts of (1) conspiracy to possess cocaine with intent to distribute it, 21 U.S.C. § 846 , and (2) possession or aiding and abetting the possession of cocaine with intent to distribute it, 21 U.S.C. § 841 and 18 U.S.C. § 2 . Hernandez-Garza contends that the evidence offered at trial is insufficient to support his conviction because it fails to show that he knew that there was cocaine on the premises, was aware of a conspiracy to possess cocaine with intent to distribute it or acted knowingly in concert with others and with the purpose of furthering…