United States v. Evadelia Sustaita

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Evadelia SUSTAITA, Defendant-Appellant. No. 94-10062. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1994. * Decided Nov. 21, 1994. Before: GOODWIN, NORRIS and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Evadelia Sustaita was convicted in a jury trial on three counts of a five-count indictment for conspiracy to distribute a controlled substance in violation of 21 U.S.C. Sec. 846 and for distribution and aiding and abetting the distribution of heroin in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . On appeal we remanded the case for resentencing because of a procedural defect in the sentencing hearing. After resentencing, the defendant appealed her conviction and sentence to this court again. We affirm. FACTS 3 The record of the original sentencing proceeding did not show that Sustaita had read the presentence report or discussed it…