United States v. Antonio Garcia, and Jose Luis Hernandez

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio GARCIA, Defendant, and Jose Luis Hernandez, Defendant-Appellant. No. 94-30058. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 16, 1995. Decided Nov. 28, 1995. Before: REINHARDT and TROTT, Circuit Judges, and TASHIMA * , District Judge. MEMORANDUM ** Jose Louis Hernandez appeals from a sentence of 66 months imprisonment imposed following his guilty plea to one count of conspiracy to distribute controlled substances in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Hernandez claims: 1) he was held responsible for drugs sold by the conspiracy before he joined it; 2) certain alleged cocaine sales to Stevens should not have been included in the court's calculations because the only evidence of the sales was two unreliable hearsay statements; and 3) the district court did not make the findings or determinations required by…