United States v. Victor Nuno-Rosales, Indicted as Victor Rosales-Nuno

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Victor NUNO-ROSALES, indicted as Victor Rosales-Nuno, Defendant-Appellant. No. 94-10462. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1995. Decided Sept. 6, 1995. Before: HALL, WIGGINS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Victor Nuno-Rosales ("Nuno") appeals from his conviction and sentence following a jury trial on charges of drug trafficking, arguing, inter alia, that there was a prejudicial variance between the conspiracy as charged and its proof at trial, the evidence was insufficient to convict, the district court erred by admitting into evidence coconspirator hearsay statements, and the sentence imposed was improperly calculated. We affirm the conviction but vacate the sentence and remand for resentencing. 3 * "A variance in proof occurs when the charging terms of the indictment are not challenged, but the evidence…