United States v. Alfredo Becerra

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfredo BECERRA, Defendant-Appellant. No. 93-10345. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1994. Decided May 19, 1994. Before: FLETCHER and TROTT, Circuit Judges, and KING, * District judge MEMORANDUM ** Alfredo Becerra challenges his conviction and sentence for conspiracy to possess and distribute heroin and aiding and abetting the possession with intent to distribute that heroin. We affirm. * Becerra argues the district court erred in allowing Martin Alvarez to testify that Adalberto Rubio stated, (1) he (Rubio) was going to get a scale from Becerra's house, and (2) Becerra telephoned while Alvarez and Rubio were packaging the heroin. The district court admitted these two statements as coconspirator statements under Fed.R.Evid. 801(d)(2)(E). Under this rule, "An out-of-court statement by a coconspirator is admissible if (1)…