United States v. Kevin Cunningham

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin CUNNINGHAM, Defendant-Appellant. No. 93-30317. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 2, 1994. Decided Aug. 31, 1994. Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Kenneth Cunningham was convicted by a jury of conspiracy to propagate marijuana in violation of 21 U.S.C. Secs. 846 and 841(a)(1) and (b)(1)(A), manufacturing marijuana by propagation in violation of 21 U.S.C. Secs. 841 (a)(1), 841(b)(1)(A) and 18 U.S.C. Sec. 2 , and possession with intent to distribute marijuana plants in violation of 21 U.S.C. Secs. 841 (a)(1), 841(b)(1)(A), and 18 U.S.C. Sec. 2 . On appeal, Cunningham contends that the district court abused its discretion by admitting hearsay evidence to prove that the number of marijuana plants involved in each offense exceeded one thousand. Cunningham also asserts that the district…