United States v. Everardo Zuniga-Rosales, Francisco Contreras-Cardenas, Cross-Appellee

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Cross-Appellant, v. Everardo ZUNIGA-ROSALES, Francisco Contreras-Cardenas, Defendants-Appellants, Cross-Appellee. Nos. 92-10399, 92-10556 and 92-10618. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1993. Decided Oct. 20, 1993. 1 Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** 3 On October 8, 1991, defendants Miguel Lopez-Manrriguez, Francisco Contreras-Cardenas, Everardo Zuniga-Rosales and Luis Leon-Diaz were indicted on two criminal counts, conspiracy to possess with intent to distribute heroin (count I) and possession with intent to distribute heroin (count II). On April 13, 1993 the jury returned the following verdicts: Lopez-Manrriguez had a hung jury as to count I and was found not guilty on count II; Diaz-Leon was found not guilty on both counts; Contreras-Cardenas had a hung jury as…