United States v. David William Rich

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David William RICH, Defendant-Appellant. No. 91-10343. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1993. Decided June 3, 1994. Before: WALLACE, GARTH, * and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Appellant David Rich appeals his conviction and sentence for his involvement in a methamphetamine-production conspiracy. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm the district court. I. MISTRIAL 3 Rich went to trial with codefendant Cindy Brees. On the fifth day of trial, Cindy Brees pleaded guilty. Rich moved for a mistrial, claiming that evidence in the trial had been admissible only against Cindy Brees. The district court denied the motion, holding that only one piece of evidence would not have been admissible against Rich and that the admission could be remedied by a limiting instruction, which it issued. 4 Appellant…