United States v. Reshat Shabani, A/K/A Lee Shabani

Shabani appealed his conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 . Under the compulsion of Ninth Circuit case authority, we reversed and held that the district court erred in not instructing the jury on the requirement of an overt act. United States v. Shabani, 993 F.2d 1419 (9th Cir.1993). The Supreme Court reversed. United States v. Shabani, — U.S. -, 115 S.Ct. 382 , 130 L.Ed.2d 225 (1994). We now reach the remaining issues raised on appeal.

I

Shabani contends that the district court erred in failing to give the jury a multiple conspiracies instruction. He next argues that Judge Holland abused his discretion in limiting the cross-examination of witnesses Mayfield and Hatfield. Finally, he contends that Judge Holland erred in setting the offense level, and in imposing a greater sentence on Shabani than on his coconspirators.

II

A. Multiple Conspiracies Instruction

The indictment charged a single conspiracy between Shabani, Pinjoli, May- field and “other persons known and unknown to the Grand Jury” during March 1990. Sha-bani argues that there was unlawful variance between the indictment for a single conspiracy and the proof of multiple…