United States v. Alfonso Alvarado-Romero

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfonso ALVARADO-ROMERO, Defendant-Appellant. No. 93-10389. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1994. Decided July 13, 1994. 1 Before: NOONAN and T.G. NELSON, Circuit Judges, EZRA, * District Judge 2 MEMORANDUM ** 3 Alfonso Alvarado-Romero ("appellant") brings this appeal from his conviction in the district court on the charge of importation of cocaine. Appellant contends that the district court erred in two ways: (1) the district court improperly denied his motion to dismiss the importation count on collateral estoppel grounds once the jury had acquitted him of possession with intent to distribute; (2) the district court improperly denied his motion for a mistrial when, during the second trial, the prosecutor commented on defense counsel's objection to a piece of evidence. For the reasons discussed below, we reverse.…