United States v. Augustin Fernandez-Ramon

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Augustin FERNANDEZ-RAMON, Defendant-Appellant, No. 93-10335. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1994. Decided July 15, 1994. 1 Before: D.W. NELSON and BEEZER, Circuit Judges, and LETTS * , District Judge. 2 MEMORANDUM ** 3 Augustin Fernandez-Ramon ("Fernandez") appeals from his conviction and sentence under 21 U.S.C. Sec. 846 for conspiracy to possess with intent to distribute marijuana and cocaine, and 21 U.S.C. Sec. 963 for conspiracy to import marijuana and cocaine. 4 Fernandez argues three points of error: (1) the admission of a confession that he made at the time of his arrest, in the form of testimony of a police officer's complaint made on the day of the arrest and admitted as a prior consistent statement, (2) a two-point upward adjustment in offense level for possession of a firearm, and (3) the refusal of a…