United States v. Elio Isaac Garcia, United States of America v. Elio Isaac Garcia

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Elio Isaac GARCIA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Elio Isaac GARCIA, Defendant-Appellant. Nos. 94-50425, 94-50427. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1995. Decided May 31, 1995. 1 Before BEEZER and TROTT, Circuit Judges, and SHUBB, * District Judge. 2 MEMORANDUM ** 3 Elio Isaac Garcia appeals his conviction and sentence on one count of conspiracy to possess marijuana with intent to distribute, one count of possession of marijuana with intent to distribute, one count of aiding and abetting possession of marijuana with intent to distribute, and one count of bail jumping. 4 The issues on appeal are whether Garcia was denied effective assistance of counsel in violation of the Sixth Amendment; whether the district court erred by refusing to depart downward under U.S.S.G. Sec. 5H1.4 based on…