United States v. Epifanio Baena-Gabriel, United States of America v. Victor Manuel Perez-Valdez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Epifanio BAENA-GABRIEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Victor Manuel PEREZ-VALDEZ, Defendant-Appellant. Nos. 94-50056, 94-50094. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Jan. 11, 1995. As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing En Banc Feb. 28, 1995. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Defendants Baena-Gabriel and Perez-Valdez were convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846 , 841(a)(1), and using a gun during a drug trafficking crime in violation of 18 U.S.C. Sec. 924 (c). We affirm. 3 1. The entrapment instruction was substantially the same as the instruction that was given in United States v. Lorenzo, No. 93-50821, slip op. 17, 24-26 (9th Cir. Jan. 3, 1994), and, for the…