United States v. Hermenegildo Piscil

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hermenegildo PISCIL, Defendant-Appellant. No. 94-10045. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1995. * Decided Sept. 20, 1995. 1 Before: KOZINSKI and HAWKINS, Circuit Judges, and SILVER, ** District Judge. 2 MEMORANDUM *** 3 Hermenegildo Piscil ("Piscil") appeals his conviction and sentence for possession with intent to distribute and aiding and abetting in possession with intent to distribute cocaine. We have jurisdiction over this appeal pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 , and we affirm. 1. Jury Instructions 4 Piscil argues that the district court's instructions on the charge of aiding and abetting and the definition of the term "knowingly" confused the jury into believing that it could convict Piscil of aiding and abetting without first finding that he acted knowingly in helping his codefendant possess cocaine…