Garcia

United States v. Garcia

Good Law
16 F.3d 341·1994 WL 32071
United States Court of Appeals for the Ninth CircuitFebruary 8, 1994Nos. 92-10494, 92-10607, 92-10661, 92-10664, 92-10665 and 92-10667California1,633 words

Opinion

Lead Opinion

Alarcon, J.

Fernando Alearez-Ochoa (Alcarez-Ochoa) and Benito Rubio-Garcia (Rubio-Garcia) appeal from their judgment of conviction for possession of cocaine with the intent to distribute it, and conspiracy to distribute 500 kilograms of cocaine. They contend that the court erred prejudicially in admitting the testimony of Drug Enforcement Administration Special Agent Tim Sellers concerning incriminating statements made by Alearez-Ochoa and Rubio-Garcia during a narcotics transaction which were translated into English by Jose Garcia, a co-conspirator. We affirm because we conclude that the district court properly applied the relevant factors set forth in United States v. Nazemian, 948 F.2d 522 (9th Cir.1991), in admitting the testimony of Special Agent Sellers. In an unpublished memorandum decision filed today, we address the remainder of appellants’ challenges to their convictions.

I.

Alcarez-Ochoa and Rubio-Garcia were members of a conspiracy that agreed to sell 500 kilograms of cocaine to Special Agent Sellers, who was acting in an undercover capacity. On June 17, 1991, Alcarez-Ochoa and Rubio-Garcia, along with other members of the conspiracy, spoke at length with Special Agent Sellers…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.