United States v. Esterbel Gonzales-Nunez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Esterbel GONZALES-NUNEZ, Defendant-Appellant. No. 92-10475. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1993. Decided Oct. 6, 1993. 1 Before: POOLE and FERNANDEZ, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Appellant Esterbel Gonzales-Nunez was convicted of conspiracy to possess with intent to distribute and to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 846 . We affirm. FACTS 4 Appellant's arrest culminated an undercover investigation conducted by Special Agent Michael Levin of the FBI. On July 19, 1991, Levin was introduced to Jorge R. Gonzales-Arestegui by a co-operating witness. On that occasion Levin purchased one ounce of cocaine from Arestegui in the parking lot of a fast food restaurant. After the transaction Arestegui was observed leaving…