United States v. Gerardo Cazares-Barragan

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerardo CAZARES-BARRAGAN, Defendant-Appellant. No. 92-10532. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1993. Decided Oct. 4, 1993. 1 Before: REINHARDT, LEAVY, Circuit Judges, and MERHIGE * , Senior District Judge. 2 MEMORANDUM ** 3 Gerardo Cazares-Barragan (Cazares) appeals his conviction and sentence for distribution of cocaine and heroin and conspiracy to distribute cocaine. See 28 U.S.C. §§ 841 (a)(1) and 846. I. Sufficiency of the Evidence 4 Cazares contends the evidence was insufficient to support his conviction. However, Cazares is foreclosed from arguing this issue. As the Government points out, Cazares waived this argument by not only failing to move but in stating at trial that he would not move for judgment of acquittal to challenge the sufficiency of the evidence. See United States v. Smith, 924 F.2d 889, 893…