United States v. Carlos Hernandez-Urena

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos HERNANDEZ-URENA, Defendant-Appellant. No. 92-50747. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1993. Decided Sept. 13, 1994. 1 Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, * Senior District Judge. 2 MEMORANDUM ** 3 Hernandez-Urena appeals his conviction on retrial for conspiracy to distribute and distribution of heroin in violation of 21 U.S.C. Secs. 846 & 841(a)(1), and for carrying a firearm during a drug offense in violation of 18 U.S.C. Sec. 924 (c). On appeal, Hernandez-Urena argues that his retrial was held in violation of Sec. 3161(e) of the Speedy Trial Act. 4 We have jurisdiction to hear this timely appeal pursuant to 28 U.S.C. Sec. 1291 , and we affirm the defendant's conviction. I. BACKGROUND 5 On November 28, 1988, after a trial by jury, defendants Carlos Hernandez-Urena and Secundino…