United States v. Hector Moreno, United States of America v. Rolando Zazueta

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector MORENO, Defendant-appellant. UNITED STATES of America, Plaintiff-appellee, v. Rolando ZAZUETA, Defendant-appellant. Nos. 92-10528, 92-10564. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Dec. 16, 1993. Before: WALLACE, Chief Judge; D.W. NELSON, O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Hector Moreno ("Moreno") and Rolando Zazueta ("Zazueta") appeal their convictions for possessing and transferring a machine gun in violation of 18 U.S.C. Secs. 922 (o) and 924(a)(2). After a joint trial in which the jury could not reach a verdict, they were tried separately and convicted. We affirm Moreno's conviction, but we reverse Zazueta's conviction because there was not sufficient evidence to justify a jury instruction on deliberate ignorance. ANALYSIS 1. Jewell Instruction Claim 3 Both Moreno and Zazueta claim that the…