United States v. Gabriel Sarabia

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel SARABIA, Defendant-Appellant. No. 94-10221. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1995. Decided May 31, 1995. Before CUMMINGS, * SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Sarabia was convicted after a jury trial of possession of methamphetamine with intent to distribute it and conspiracy to do the same in violation of 21 U.S.C. Sec. 841 (a)(1). He appeals the district court's denial of his pre-trial motion regarding the destruction of an audiotape by an agent named Martinez from the Drug Enforcement Administration (DEA). Sarabia also appeals the court's denial of his post-conviction motion to contact the jurors in order to determine whether they had been improperly influenced by exposure to a non-testifying government witness who was present during the trial in a witness room next to the courtroom. We…