United States v. Noe Barajas Baltazar

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Noe Barajas BALTAZAR, Defendant-Appellant. No. 93-50695. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Dec. 7, 1994. 1 Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, * District Judge. 2 MEMORANDUM ** 3 Noe Barajas Baltazar appeals his jury conviction and sentence for conspiracy to kidnap and extort money and the transmission in interstate or foreign commerce of threats to injure in violation of 18 U.S.C. Secs. 1201 (c), 371, and 875(b). Baltazar contends: (1) that there was insufficient evidence to support his conviction; (2) that the district court erred in applying upward adjustments for use of a dangerous weapon and for holding the victim longer than seven days; and (3) that the district court erred in not granting a downward departure for minor participant status. 4 The district court had jurisdiction…