United States v. Jerry Dean Davis

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry Dean DAVIS, Defendant-Appellant. No. 94-10382. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1995. Decided May 31, 1995. Before: CUMMINGS, * SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Dean Davis was convicted of two counts of possession of narcotics with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). Prior to trial, Davis made two unsuccessful motions: the first for disclosure of the identity of a government informant, the second to suppress evidence gathered during a search of the premises where he was apprehended. At trial, Davis requested but was refused a lesser included offense instruction on simple possession. Davis now appeals the two pretrial rulings and the district court's failure to give the jury instruction. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The…