United States v. Michael Earl Jones

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Earl JONES, Defendant-Appellant. No. 94-10343. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1995. Decided Sept. 22, 1995. Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Defendant Michael Earl "Spike" Jones ("Jones") appeals his conviction and sentence for two counts of possession of a controlled substance with intent to distribute and one count of conspiracy to possess a controlled substance with intent to distribute. He argues (1) insufficient evidence existed to convict him of conspiracy, (2) rational jurors could not have accepted as true the testimony of the government's informant, (3) the district court improperly denied his motion to sever, and (4) the district court erred in calculating his sentence. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 I. SUFFICIENCY OF…