United States v. Robert Peter Bertuglia, AKA Peter Robert Bertuglia

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Peter BERTUGLIA, aka Peter Robert Bertuglia, Defendant-Appellant. No. 92-10668. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 2, 1993. Decided Nov. 15, 1993. 1 Before: D.W. NELSON and NORRIS, Circuit Judges; TANNER, District Judge. * 2 MEMORANDUM ** OVERVIEW 3 Peter Robert Bertuglia ("Bertuglia") appeals from his convictions for conspiracy to import marijuana, illegal importation of a controlled substance, and smuggling a controlled substance. We reverse the conviction because there was insufficient evidence to convict. FACTUAL AND PROCEDURAL BACKGROUND 4 On February 11, 1990, a package addressed to Esteve Hildenbrant, sent from a "Marlo D. White" 1 at a nonexistent mail box at Clark Air Force Base in the Philippines, arrived at the United States Customs Mail Facility in Oakland, California. The Customs Service declaration label…