United States v. Jacqueline Louise Fogel

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jacqueline Louise FOGEL, Defendant-Appellant. No. 93-10491. United States Court of Appeals, Ninth Circuit. Submitted Sept. 13, 1994. * Decided Oct. 11, 1994. 1 Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN, ** District Judge. 2 MEMORANDUM *** 3 Jacqueline Louise Fogel appeals her jury conviction and sentence for conspiracy to import and distribute marijuana ( 21 U.S.C. Secs. 952 (a), 846, 841(a)(1)), importation of marijuana ( 21 U.S.C. Sec. 952 (a)), and possession of marijuana with intent to distribute ( 21 U.S.C. Sec. 841 (a)(1)). She argues that the district court lacked jurisdiction because the grand jury indictment was not returned in open court. She also contends that the district court erred in determining relevant conduct for her involvement in the conspiracy. 4 The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have…