United States v. Martin Jesus Orci-Dominguez

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin Jesus ORCI-DOMINGUEZ, Defendant-Appellant. No. 93-10406. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 21, 1994. Before: FARRIS, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Martin Jesus Orci-Dominguez appeals his conviction and 121-month sentence, imposed following a jury trial, for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Orci-Dominguez contends the district court erred by denying (1) his motion to suppress both evidence and statements obtained following an allegedly illegal arrest and (2) his request for a downward departure based on his mistaken belief that he was transporting marijuana rather than cocaine. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and dismiss in part. 3 * Motion to Suppress 4 Orci-Dominguez contends that agents…