United States v. Jose Luis Collins-Avila, AKA Jose Avila Martinez-Collins AKA Francisco Javier Avila-Martinez AKA "Gordo,"

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis COLLINS-AVILA, aka Jose Avila Martinez-Collins; aka Francisco Javier Avila-Martinez; aka "Gordo," Defendant-Appellant. No. 93-10200. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1994. * Decided April 29, 1994. 1 Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges 2 MEMORANDUM ** 3 Jose Luis Collins-Avila ("Collins") appeals his conviction of one count of attempted possession with intent to distribute 20 kilograms of cocaine in violation of 21 U.S.C. Secs. 841 and 846. Collins argues that his conviction was based on a statute that unconstitutionally shifts a necessary element of the offense to the sentencing phase. He also appeals the district court's decision to sentence him based on the amount of narcotics negotiated, rather than the amount he could have purchased. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm.…