United States v. Ignacio Baltazar

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ignacio BALTAZAR, Defendant-Appellant. No. 94-30234. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided March 28, 1995. Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The appellant, Ignacio Baltazar (Baltazar), was convicted on three counts relating to a cocaine transaction. Baltazar raises, for the first time on appeal, the issue that the jury received improper instructions at his trial. Specifically, the appellant alleges that the district court erred by not including the phrase "in relation to" in two jury instructions: the aiding and abetting jury instruction and the "Pinkerton " instruction. I. The Aiding and Abetting Instruction 3 The appellant argues that although all elements of the offense were contained in the jury instruction on the underlying offense, the failure to repeat "in relation to" in the…