United States v. Gerardo Martinez Rodriguez, Aka: Gerardo M. Rodriguez, Aka: Jerry Rodriguez

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerardo Martinez RODRIGUEZ, aka: Gerardo M. Rodriguez, aka: Jerry Rodriguez, Defendant--Appellant. No. 92-50519. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided May 18, 1994. Before: FLETCHER, PREGERSON, and NORRIS, Circuit Judges. 1 MEMORANDUM * I. BACKGROUND 2 Defendant, Gerardo Rodriguez, appeals his jury conviction for conspiracy to possess and distribute a controlled substance, 21 U.S.C. Sec. 846 , possession with the intent to distribute a controlled substance, 21 U.S.C. Sec. 841 (a)(1), and carrying or using a firearm during the commission of a drug trafficking crime. 18 U.S.C. Sec. 924 (c). He also appeals his 295 month prison sentence. This court has jurisdiction over the appeal under 28 U.S.C. Sec. 1291 . 3 Mr. Rodriguez asserts four claims of error: (1) that the district court should have severed his case from…