United States v. Carlos Rios-Hernandez

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos RIOS-HERNANDEZ, Defendant-Appellant. No. 94-10476. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1995. * Decided Sept. 6, 1995. Before: HALL, WIGGINS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Rios-Hernandez ("Rios") appeals from his conviction and sentence following a jury trial on charges of narcotics trafficking, arguing, inter alia, that there was a prejudicial variance between the conspiracy as charged and its proof at trial, the government was guilty of entrapment, and the sentence imposed was improperly calculated. We affirm. 3 * Rios first contends that a fatal variance exists between the single, overarching conspiracy charged in Count I and the actual proof at trial of one or more separate conspirac(ies). Because Rios failed to present this question to the district court, we decline to reach the merits of his argument.…