United States v. Johnny Ted Nash

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Ted NASH, Defendant-Appellant. Nos. 94-10243, 94-10254. United States Court of Appeals, Ninth Circuit. Submitted Feb. 14, 1995. * Decided March 21, 1995. Before: TANG and O'SCANNLAIN, Circuit Judges, and MERHIGE, Senior District Judge. ** MEMORANDUM *** Nash was convicted on two counts of conspiracy to manufacture methamphetamine, and acquitted on one count of manufacturing methamphetamine. In addition, he pled guilty to a charge of failure to appear resulting from his flight after arrest on the conspiracy charges. He appeals his conviction on several grounds: failure to return his indictment in open court, insufficiency of the evidence, failure to prove a single overall conspiracy, inconsistent jury verdicts, refusal to give a requested jury instruction on voluntary intoxication. Nash also challenges his sentence, claiming the district court erred in applying…