United States v. Alfonso Gutierrez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfonso GUTIERREZ, Defendant-Appellant. No. 92-10314. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1993. Decided Nov. 17, 1993. Before: SNEED, POOLE, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Alfonso Gutierrez ("Gutierrez") timely appeals his conviction following a jury trial for possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Gutierrez contends that the district court (1) erred in denying his motion for a judgment of acquittal based on insufficiency of the evidence, and (2) erred in allowing the government's peremptory strike of an Hispanic juror. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 Acting on information from a confidential informant, on October 10, 1991 at approximately 12:10 p.m., U.S. Customs Agents Terry Kirkpatrick and Layne Peugh went to the intersection of West and…