United States v. Sidney A. Potts

5 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sidney A. POTTS, Defendant-Appellant. No. 92-30070. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1993. Decided Sept. 15, 1993. 1 Appeal from the United States District Court, for the District of Alaska, D.C. No. CR-91-53-JKS; James K. Singleton, District Judge, Presiding. D.Alaska 2 AFFIRMED. 3 Before: FARRIS and KLEINFELD, Circuit Judges, and EZRA, * District Judge. 4 MEMORANDUM ** 5 Potts was charged with possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 841 (a), and of using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Sec. 924 (c)(1). At his first trial, the jury convicted him of the cocaine offense, but hung on the firearm offense. On retrial, he was convicted of the firearm offense. He argues on appeal that the district court erred in: (1) denying…