United States v. Marzelino Urena-Vasquez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marzelino URENA-VASQUEZ, Defendant-Appellant. No. 94-30461. United States Court of Appeals, Ninth Circuit. Submitted * Nov. 14, 1995. Decided Dec. 4, 1995. Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Marzelino Urena-Vasquez 1 appeals his conviction of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846 (count two), one count of distributing, or aiding and abetting others to distribute, 500 grams or more of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1) (count three), and one count of using and carrying a firearm, or aiding and abetting others to use and carry a firearm, during and in relation to a drug-trafficking offense in violation of 18 U.S.C. Sec. 924 (c)(1) and (2) (count four). He asserts that the evidence was insufficient, that the district court should have given a mere presence…