United States v. Alfred J. Abono, Jr.

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfred J. ABONO, Jr., Defendant-Appellant. No. 91-10144. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1993. * Decided Nov. 5, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Alfred J. Abono, Jr. appeals from his conviction and sentence following jury trial on charges of, inter alia, conspiring to import and distribute marijuana in violation of 21 U.S.C. §§ 963 and 846, respectively, arguing that the district court erred by failing to require the government to elect between the two conspiracy counts and by imposing consecutive sentences for the resultant convictions thereon. We reject these contentions and affirm. 3 With respect to Abono's first argument, we note that he was charged with two different conspiracies under two separate statutes. As it cannot be said that a conspiracy to import narcotics…