United States v. Rafael Lopez Campos

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 LOPEZ CAMPOS, Defendant-Appellant. No. 93-10678. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 11, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Lopez Campos appeals his conviction, which followed a jury trial, for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Lopez Campos contends his conviction should be reversed because the district court misstated the government's burden of proving his predisposition to commit illegal acts. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 When an issue is raised for the first time on direct appeal, we will exercise our discretion to correct plain error only in cases where " 'a miscarriage of justice would otherwise result.' " United States v. Sterner, 23 F.3d 250, 252 (9th Cir.1994)…