United States v. Jose Luis Ferret-Castellanos

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis FERRET-CASTELLANOS, Defendant-Appellant. No. 94-50262. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 6, 1995. Decided March 24, 1995. IN PART, VACATED and REMANDED IN PART. Before: FERGUSON, BEEZER and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Jose Luis Ferret-Castellanos appeals his conviction and sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841 . He contends that the evidence was insufficient to support his conviction and that the district court improperly admitted into evidence a pair of boxer shorts that were unduly prejudicial. Ferret-Castellanos also argues that the district court erred in determining it lacked the authority to consider a role adjustment under the sentencing guidelines. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm the conviction but reverse…