United States v. Norberto F. Valenzuela

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Norberto F. VALENZUELA, Defendant-Appellant. No. 93-10393. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1994. Decided June 23, 1994. 1 Before: WALLACE, Chief Judge, and CANBY, Circuit Judges, and KELLEHER * , District Judge. 2 MEMORANDUM ** 3 Norberto Valenzuela brings an interlocutory appeal of the district court's denial of his motion to dismiss an indictment on double jeopardy grounds. We affirm. 4 * In any retrial of the conspiracy counts, the government must prove (1) an agreement to accomplish an illegal objective, (2) one or more overt acts in furtherance of that objective, and (3) the requisite intent to commit the underlying substantive offense. United States v. Penagos, 823 F.2d 346, 348 (9th Cir.1987). Valenzuela argues that in such a trial, the government is barred from attempting to prove that he possessed marijuana with…