United States v. Ramiro Mesa-Farias

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ramiro MESA-FARIAS, Defendant-Appellant. No. 92-30275. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Oct. 14, 1993. Before: WALLACE, Chief Judge, BOOCHEVER and NOONAN, Circuit Judges. MEMORANDUM 1 Mesa-Farias was convicted of conspiracy to distribute 5,000 grams of cocaine, in violation of 21 U.S.C. § 846 ; possession with intent to distribute 5,000 grams of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A); and possession with intent to distribute 100 grams of heroin, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B). Lopez-Mendoza, a co-defendant, was indicted on the same three counts. He pleaded guilty to possession of cocaine and the other two counts were dismissed. 2 On appeal, Mesa-Farias asserts that his drug possession and conspiracy convictions must be set aside…