United States v. Gabriel Rene Martinez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel Rene MARTINEZ, Defendant-Appellant. No. 93-10423. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1994. Decided Nov. 9, 1994. 1 Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. * 2 MEMORANDUM ** 3 Gabriel Rene Martinez appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). He claims the district court violated his right to be free from double jeopardy by retrying him following a mistrial. He also claims the district court erred by admitting fingerprint evidence at the second trial that the government had failed to turn over prior to the first trial. He challenges the court's instruction on intent, and the court's decision not to release him pending appeal. We reject Martinez's double jeopardy challenge as well as his other claims, and affirm his…