United States v. Frank Pate, Jr., United States of America v. Albert Jordan

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank PATE, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Albert JORDAN, Defendant-Appellant. Nos. 92-50207, 92-50406. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994 as to 92-50207. * Argued and Submitted Jan. 4, 1994 as to 92-50406. Decided Jan. 26, 1994. 1 Before: GOODWIN and HALL, Circuit Judges, and TANNER, ** Senior District Judge. 2 MEMORANDUM *** I. Statement of Facts 3 Frank J. Pate, Jr. and Albert Jordan were arrested in Inglewood, California on November 14, 1991, after Jordan sold 75 grams of cocaine to an undercover police officer in a restaurant parking lot. Pate had driven Jordan to the location. At the time of the transaction, Pate was seated in the car approximately five feet away with a loaded .380 caliber handgun in the car between the driver's and passenger's seat. Pate and Jordan had sold…