United States v. Marcelino Carillo

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marcelino CARILLO, Defendant-Appellant. No. 92-50754. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 29, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Marcelino Carillo appeals his convictions following jury trial for possession with intent distribute heroin and conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Carillo claims he received ineffective assistance of counsel because his attorney failed fully to investigate a government witness' medical background for possible impeachment evidence. Carillo also contends the district court erred by admitting under Fed.R.Evid. 801(d)(2)(E) a statement made by his co-defendant without sufficient independent evidence corroborating Carillo's connection to the heroin conspiracy. We have…