United States v. Sergio Ballesteros Cruz

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sergio Ballesteros CRUZ, Defendant-Appellant. No. 94-10086. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1994. Decided Jan. 6, 1995. Before: HUG, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Sergio Ballesteros Cruz challenges his conviction for possession of cocaine and conspiracy to possess cocaine with intent to distribute on the ground that insufficient evidence existed to support a finding of possession or conspiracy. Cruz also alleges that the district court erred in denying his motion to depose his father, a fugitive witness, in a foreign country. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and reverse in part. I. 3 Cruz contends that insufficient evidence existed to support a finding that he constructively possessed the 18 bags of cocaine found in his bedroom on July 29, 1992. We review the…