United States v. Rafael Penaloza

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael PENALOZA, Defendant-Appellant. No. 92-50497. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Penaloza appeals his conviction following a jury trial for possession with intent to distribute cocaine and conspiracy, in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Penaloza contends that the district court erred in denying his motion for disclosure of a confidential informant's identity. Penaloza contends that he was entrapped by his friend, Dino Giacumuzi, who Penaloza suspects was working for the government as a confidential informant. Alternatively, Penaloza contends that the district court should have conducted a hearing to determine whether Dino Giacumuzi was the confidential informant. We have jurisdiction under 28…