United States v. Simon Fortanel-Gonzales

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Simon FORTANEL-GONZALES, Defendant-Appellant. No. 93-10135. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Simon Fortanel-Gonzales appeals his convictions following jury trial for possession with intent to distribute and importation of marijuana in violation of 21 U.S.C. Secs. 841 (a)(1), 952(a) and the denial of his motion for a new trial. Fortanel-Gonzales contends that the district court should have granted a new trial because newly discovered evidence showed that a government witness committed perjury. He also contends the district court erred by (1) excluding statements of a defense witness as hearsay and (2) not dismissing the indictment due to the release of a material witness. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm.…