United States v. Willie Roberts, Jr., United States of America v. Alvin Charles Johnson

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Willie ROBERTS, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alvin Charles JOHNSON, Defendant-Appellant. Nos. 93-10067, 93-10122. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1994. Decided Nov. 10, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 In these consolidated appeals, we address the conviction upon a jury verdict of Willie Roberts, Jr. and the sentence following a guilty plea of Alvin Charles Johnson. 3 Roberts appeals his convictions for possession of cocaine base with intent to distribute and distribution of cocaine base, in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. He argues that the evidence was insufficient to convict him of possession with intent to distribute (Count Eleven of the indictment), that the jury was erroneously instructed after a juror asked…