United States v. Julio Cesar Martinez

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julio Cesar MARTINEZ, Defendant-Appellant. No. 93-10304. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 22, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Julio Caesar Martinez appeals his conviction following a jury trial for conspiracy, distribution, possession with intent to distribute a controlled substance, unlawful use of a communication facility, and aiding and abetting, in violation of 21 U.S.C. Secs. 841 (a)(1), 843(b), 844(a), 846 and 18 U.S.C. Sec. 2 . Martinez contends that: (1) he was entrapped as a matter of law because there is no evidence of predisposition prior to his approach by the Government; and (2) the government agent improperly escaped cross-examination on a report which she dictated and someone else signed. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we…