United States v. Jesus Antonio Lizarraga

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus Antonio LIZARRAGA, Defendant-Appellant. No. 94-10353. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 25, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Antonio Lizarraga appeals his conviction by jury of distribution of heroin in violation of 21 U.S.C. Sec. 841 (a)(1). Lizarraga claims the evidence was insufficient to show that he exchanged heroin for lidocaine with Ignacio Felix, an undercover operative, on February 28, 1991. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse. 3 Where, as here, a defendant fails to renew his motion for judgment of acquittal at the close of his case, we review for plain error the district court's conclusion that the evidence was sufficient to sustain his conviction. United States v. Kuball, 976 F.2d 529, 531 (9th Cir.1992). "…