United States v. Allan Bowlun Ing, United States of America v. Richard St. Clair

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allan Bowlun ING, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard ST. CLAIR, Defendant-Appellant. Nos. 94-10097, 94-10149. United States Court of Appeals, Ninth Circuit. Submitted March 14, 1995. * Submission Vacated June 5, 1995. Resubmitted Aug. 22, 1995. Decided Nov. 17, 1995. MEMORANDUM ** Before: FLETCHER, REINHARDT, and JOHN T. NOONAN, Jr., Circuit Judges. 1 Allan Bowlun Ing and Richard St. Clair were convicted of conspiracy to possess with intent to distribute cocaine and attempted possession with intent to distribute cocaine. We affirm Ing's and St. Clair's convictions and the denial of St. Clair's motion for a new trial. We also affirm the district court's decision to attribute to St. Clair one kilogram of cocaine for purposes of sentencing and its decision that St. Clair is not entitled to a downward departure on the ground…