United States v. Ray Martin Heffington

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ray Martin HEFFINGTON, Defendant-Appellant. No. 93-10515. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1994. Submission Vacated Sept. 29, 1994. Resubmitted March 28, 1995. Decided April 18, 1995. Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN, ** MEMORANDUM ** Ray Martin Heffington appeals his jury conviction and sentence for conspiracy to distribute methamphetamine ( 21 U.S.C. Sec. 846 ) and possession with intent to distribute methamphetamine ( 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 ). Heffington joins in the following arguments of his co-defendant Kosinski, viz., the district court lacked jurisdiction because the grand jury indictment was not returned in open court; the district court improperly admitted evidence of Kosinski's prior conduct involving drug trafficking between Chowchilla, California and Iowa; and…