United States v. Richard J. Lester

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard J. LESTER, Defendant-Appellant. No. 94-10316. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1995. Decided June 2, 1995. Before: CUMMINGS * , SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Richard J. Lester appeals his conviction and sentence for conspiracy in violation of 21 U.S.C. Secs. 841 (a)(1), 841(b)(1)(A)(ii) and 846, and 18 U.S.C. Sec. 2 . We have jurisdiction, 28 U.S.C. Sec. 1291 , and affirm. 3 * Lester contends that the second superseding indictment charging him with conspiracy is "defective on its face" since it leaves an open ending date. See United States v. Cecil, 608 F.2d 1294 (9th Cir. 1979); United States v. Laykin, 886 F.2d 1534 (9th Cir. 1989), cert. denied, 496 U.S. 905 (1990). Because no objection to the indictment's validity was made before trial as Fed. R. Crim. P. 12(b)(2) requires, we review for…