United States v. Jose Armando Rivera

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Armando RIVERA, Defendant-Appellant. No. 92-10396. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 15, 1994. Decided Sept. 8, 1994. 1 Before: LEAVY and KLEINFELD, Circuit Judges, and VAN SICKLE, * District Judge. 2 MEMORANDUM ** 3 Defendant Jose Armando Rivera appeals his convictions for possession of marijuana with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1) and conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. Sec. 846 . Rivera contends that (1) the trial court should have instructed the jury on the alleged lesser included offenses of misprision of felony and accessory after the fact, and (2) the prosecution's remarks in closing argument denied him a fair trial. We reject both arguments and affirm the district court. I. FACTS AND PROCEEDINGS BELOW 4 On October 30, 1991, Richard…