United States v. Gilbert H. Arreazola

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert H. ARREAZOLA, Defendant-Appellant. No. 94-30440. United States Court of Appeals, Ninth Circuit. Submitted Aug. 9, 1995. * Decided Aug. 11, 1995. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Arreazola was convicted of conspiracy to distribute cocaine. He appeals, arguing that the court erred in allowing testimony regarding a 1991 conversation he had with Undercover Officer Alverado. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 1. TESTIMONY AS DIRECT EVIDENCE OF CHARGED CONSPIRACY 4 Counsel for Vassar, a co-defendant, requested a change to one jury instruction to clarify the dates of the charged offense under Count IV. The Government conceded that the "beginning at a time unknown but since" language in Counts II and IV limited the beginning dates of each of those charges. 1 Because it would defy common sense to…