United States v. Salvador Branch

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Salvador BRANCH, Defendant-Appellant. No. 93-50769. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. 1 Decided Aug. 29, 1994. 1 Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. 2 MEMORANDUM 3 2 Branch appeals from his conviction and sentence for possession with intent to distribute cocaine. Branch claims that the district court erred in denying his motion to suppress certain evidence and in denying his motion for acquittal under Rule 29 of the Federal Rules of Criminal Procedure. He also challenges the district court's refusal to instruct the jury on a lesser included offense. 3 Motions to suppress are reviewed de novo. United States v. Yarbrough, 852 F.2d 1522, 1533 (9th Cir.), cert. denied, 488 U.S. 866 (1988). Denial of a motion for judgment of acquittal under Rule 29 will be upheld on appeal if,…