United States v. Gilberto Silvas-Norzagaray

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilberto SILVAS-NORZAGARAY, Defendant-Appellant. No. 94-10277. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1995. Decided Aug. 2, 1995. Before: HUG, ALARCON, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Gilberto Silvas-Norzagaray ("Silvas") appeals from the judgment of conviction and the sentence imposed by the district court for the crime of conspiring to possess and distribute marijuana. Silvas seeks reversal of his judgment of conviction on the following grounds: 1) the evidence was insufficient to support a judgment of conviction for the crime of conspiracy; 2) there was a prejudicial variance between the charges in the indictment and the proof proffered at trial; and 3) the Government engaged in prosecutorial misconduct by presenting a witness who testified falsely at trial. Silvas also contends that the district court erred in:…