United States v. Felix Padilla-Duran

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Felix PADILLA-DURAN, Defendant-Appellant. No. 94-50042. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1994. * Decided Dec. 14, 1994. 1 Before: FARRIS, POOLE, and KOZINSKI Circuit Judges. 2 MEMORANDUM ** 3 Felix Padilla-Duran was convicted of conspiracy to import marijuana, importation of marijuana, conspiracy to possess marijuana with intent to distribute, and possession of marijuana with intent to distribute. On appeal he argues that (1) one count in the indictment was misjoinded and should have been severed for trial, and (2) a Pinkerton instruction confused the jury and improperly took from them the question of his individual guilt. We have jurisdiction, 28 U.S.C. Sec. 1291 , and affirm. I. Joinder and Failure to Sever 4 The indictment charged Padilla with two counts of importation of marijuana, the first occurring on January 11, 1992 (count…