United States v. Salvador Gonzalez-Villanueva

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Salvador GONZALEZ-VILLANUEVA, Defendant-Appellant. No. 93-50286. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1994. * Decided Nov. 18, 1994. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Gonzalez-Villanueva ("Gonzalez") appeals from his jury conviction on two counts of narcotics trafficking, arguing that the evidence was insufficient to support the verdict and that the trial court failed to give a proper jury instruction. We reject both contentions and affirm. 3 With respect to Gonzalez's first argument, we note that the government presented evidence that Gonzalez (1) provided a drug-carrying truck for co-defendant Benigno Sanchez-Cruz to drive; (2) was present in the truck--and, therefore, capable of exercising dominion and control over it and its contents--at the time of his arrest; (3) was the only occupant…