United States v. Leonard Lizalde, Enrique Romo-Lopez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leonard LIZALDE, Enrique Romo-Lopez, Defendants-Appellants. Nos. 93-10114, 93-10224. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1994. Decided March 31, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Leonard Lizalde and Enrique Romo-Lopez appeal their convictions of conspiracy to possess with intent to distribute marijuana and cocaine in violation of 21 U.S.C. Secs. 841 (a) and 846. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm both convictions, but remand for resentencing of Romo-Lopez. I. 3 Both defendants contend that a prejudicial variance existed between their indictment, which charged a single conspiracy, and the proof introduced at trial, which the defendants contend established multiple conspiracies. Each defendant claims that the variance constituted reversible error. We disagree. 4…