United States of America v. Luke Jernigan

56 F.3d 74 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luke JERNIGAN, Defendant - Appellant. No. 94-10337. United States Court of Appeals, Ninth Circuit. Argued and Submitted Apr. 5, 1995. Decided May 4, 1995. Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Defendant Luke Jernigan appeals his conviction and sentence for passing counterfeit notes, in violation of 18 U.S.C. Sec. 473 , and conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Specifically, Jernigan contends that the district court erred in refusing to give a lesser-included jury instruction, denying his motion to suppress statements, admitting certain evidence at trial, and enhancing his sentence for possession of a firearm. He also argues that there was insufficient evidence to sustain his conviction for passing counterfeit notes. We have jurisdiction under 28 U.S.C. Sec.…