United States v. Bardwin Kevin Bays

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bardwin Kevin BAYS, Defendant-Appellant. No. 93-10758. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1994. * Decided Oct. 28, 1994. Before: GOODWIN, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Bardwin Kevin Bays appeals his jury conviction, after his second trial, for possession with intent to distribute cocaine and aiding and abetting in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . Bays also appeals the denial of his motion for a new trial. We affirm. 3 Bays contends that the evidence presented against him was insufficient to establish that he knowingly possessed cocaine. However, Bays does not contest that he carried two gym bags, each containing five kilograms of cocaine, into the hotel room where the drug transaction was intended to take place. In some instances, mere possession of a substantial quantity of…