United States v. Victor Rodriguez-Ballardo

1 F.3d 1248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Victor RODRIGUEZ-BALLARDO, Defendant-Appellant. No. 92-10395. United States Court of Appeals, Ninth Circuit. Submitted June 16, 1993. * Decided July 15, 1993. Before LAY, ** Senior Circuit Judge, HUG and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 Victor Rodriguez-Ballardo appeals his jury conviction of possession with intent to distribute cocaine, conspiracy to possess with intent to distribute cocaine, and use of a firearm in relation to a drug trafficking crime. We affirm. 3 Appointed counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), raising essentially two arguments. The first is that the district court abused its discretion in denying Rodriguez-Ballardo's motion to sever. Rodriguez-Ballardo was tried jointly with a codefendant, Sergio Ortiz-Martinez. The brief suggests that Rodriguez-Ballardo's defense of mere presence was mutually…