United States v. Carlos Huerta

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos HUERTA, Defendant-Appellant. No. 94-30055. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided June 1, 1995. Before: SKOPIL, BOOCHEVER and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Huerta (Huerta) appeals his jury conviction and sentence under the Sentencing Guidelines for conspiracy to distribute cocaine and marijuana ( 21 U.S.C. Secs. 846 and 841(a)(1)) and distribution of cocaine ( 21 U.S.C. Sec. 841 (a)(1)). He first contends the district court abused its discretion in admitting, without a proper foundation, tape recorded conversations between the charged coconspirators and their customers. Second, he contends the district court erred by admitting a cocaine exhibit into evidence without requiring proof of the complete chain of custody. Third, he contends the district court abused its discretion by excluding evidence that…