United States v. Maria Elena Hurtado

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Maria Elena HURTADO, Defendant-Appellant. No. 93-50086. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Oct. 12, 1993. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 On December 10, 1992, Maria Hurtado was convicted after a jury trial of conspiracy to possess and distribute cocaine and heroin, and possession of approximately one kilogram of cocaine and one kilogram of heroin with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. On February 1, 1993, Hurtado was sentenced to concurrent sentences of 121 months imprisonment followed by five years supervised release on each count. Hurtado appeals from the convictions and the sentence. 3 Hurtado first contends that the district court erred when it declined to give Hurtado's proposed alternative jury instruction covering her theory of…