United States v. Henry G. Garcia

5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Henry G. GARCIA, Defendant-Appellant. No. 92-30402. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1993. * Decided Sept. 7, 1993. Appeal from the United States District Court for the District of Montana; No. CR-92-021-01-PGH, Paul G. Hatfield, District Judge, Presiding. D.Mont. AFFIRMED. Before: WALLACE, Chief Judge, and BOOCHEVER and NOONAN, Circuit Judges. MEMORANDUM 1 Garcia was convicted of possessing cocaine and marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1). The district court had jurisdiction under 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 2 Garcia raises two issues in this appeal. First, he contends that the district judge should have recused himself, pursuant to 28 U.S.C. Sec. 455 (b)(1), because he had extrajudicial knowledge concerning…