United States v. Jesus Felix-Rodriguez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus FELIX-RODRIGUEZ, Defendant-Appellant. No. 93-30082. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1994. Decided May 5, 1994. Before: WRIGHT, CANBY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Jesus Felix-Rodriguez (Felix) appeals his jury conviction for conspiracy to distribute cocaine (Count One) in violation of 21 U.S.C. Sec. 846 ; distribution of cocaine base (Counts Two through Five), and possession of cocaine base with intent to distribute (Count Six), all in violation of 21 U.S.C. Sec. 841 . Felix raises numerous arguments on appeal. 1 We affirm. A. Sentencing Issues 2 1. Type of Drugs (Cocaine or Cocaine Base) 3 Felix claims that the district court should have calculated his offense level using cocaine, not cocaine base (a.k.a. "crack"), because the distribution of crack cocaine was not reasonably foreseeable by him.…