United States v. Antonio Garcia-Pimentel

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio GARCIA-PIMENTEL, Defendant-Appellant. No. 93-50267. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1994. Decided July 13, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, * Senior District Judge. 2 MEMORANDUM ** 3 Antonio Garcia-Pimentel (Garcia) appeals his jury conviction for importation of cocaine and possession with intent to distribute in violation of 21 U.S.C. Secs. 841 (a)(1), 952 and 960. Garcia challenges the government's use of certain evidence in rebuttal and cross-examination because the government failed to provide this evidence in pretrial discovery. I. 4 On May 28, 1992, Garcia was arrested at the Tecate, California Port of Entry driving a white pickup truck containing 50 kilograms of cocaine. Garcia moved for pretrial discovery including "[c]opies of all Tecs 1 records run on the vehicle in…