United States v. Carlos Pacheco Arias

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Pacheco ARIAS, Defendant-Appellant. No. 94-50481. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided Oct. 16, 1995. Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Carlos Arias was indicted and convicted of conspiracy to import cocaine. From 1988 until his arrest in November 1993, Arias was a United States Customs Inspector at the San Ysidro, California Port of Entry. On appeal, he contends that the district court erred 1) in admitting hearsay evidence made by an alleged co-conspirator and 2) in establishing 30 kilograms as the quantity of cocaine for which he is responsible for purposes of sentencing. Admission of Hearsay Evidence 3 It is undisputed that Mota, the leader of the alleged conspiracy, made statements to Orduna, the witness whose testimony is at issue, in an attempt to recruit…