United States v. David A. Elsberg

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David A. ELSBERG, Defendant-Appellant. No. 93-30333. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 10, 1994. Before: WALLACE, Chief Judge, and HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 David Elsberg appeals his conviction following a jury trial for conspiracy to distribute marijuana, in violation of 21 U.S.C. Sec. 846 ; distribution of marijuana, in violation of 21 U.S.C. Sec. 841 (a)(1); and knowingly transferring a firearm in furtherance of the distribution of marijuana, in violation of 18 U.S.C. Sec. 924 (h). Elsberg contends: (1) the district court erred in failing to instruct the jury that Elsberg was on trial only for the crimes charged in the indictment; (2) the prosecutor improperly vouched for the credibility of witnesses; (3) the district court erroneously admitted hearsay; and (4) the cumulative effect of the…