United States v. Julian Cortez-Contreras

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julian CORTEZ-CONTRERAS, Defendant-Appellant. No. 94-30296. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 23, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Julian Cortez-Contreras appeals his conviction by jury of conspiracy and possession with intent to distribute methamphetamine in violation of 21 U.S.C. Secs. 841 (a)(1), (b)(1)(a). Cortez-Contreras claims the conspiracy charge in the indictment was fatally defective because it was imprecise as to the time of the conspiracy. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 We review de novo the sufficiency of an indictment. United States v. Ahumada-Avalos, 875 F.2d 681, 683 (9th Cir.), cert. denied, 493 U.S. 837 (1989). "An indictment must inform the defendant of 'the nature and cause of the accusation,' " United…