United States v. Carlos Javier Marulanda

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Javier MARULANDA, Defendant-Appellant. No. 94-10089. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1995. Decided May 30, 1995. 1 Before: CUMMINGS * , SCHROEDER, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Carlos Marulanda appeals from his conviction for conspiracy to import and distribute cocaine, 21 U.S.C. Secs. 846 and 963, based primarily on the ground that evidence of other conspiracies was improperly admitted at his trial. We have jurisdiction and affirm. 4 * Marulanda argues that this court's reversal of his prior conviction on the ground that the charged wheel conspiracy lacked a rim precludes the introduction of evidence of the existence of some of the other spokes on the ground of collateral estoppel. We disagree. 5 Whether prior litigation bars litigation of a fact in a subsequent criminal trial depends upon whether the…