United States v. George Lewis

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George LEWIS, Defendant-Appellant. No. 93-50342. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1994. Decided Aug. 16, 1994. Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, * Senior District Judge. MEMORANDUM ** George Lewis appeals his jury conviction and sentence for conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute in violation of 21 U.S.C. Secs. 846 and 841(a)(1); and the use and carrying firearms during commission of a drug trafficking crime in violation of 18 U.S.C. 924(c). Oral argument was heard on May 3, 1994. On May 25, 1994, this court ordered additional briefing on the issue of whether the jury instruction on entrapment warrants reversal under United States v. Sterner, 23 F.3d 250 (9th Cir.1994), and cases cited therein. I. This court has appellate…