United States v. Derrick Ron Ashley

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Derrick Ron ASHLEY, Defendant-Appellant. No. 94-50489. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1995. 1 Decided Dec. 7, 1995. 1 Before: POOLE and O'SCANNLAIN, Circuit Judges, and MARQUEZ, 2 District Judge. MEMORANDUM 3 BACKGROUND 2 The government charged Defendant/Appellant Ashley in a three-count indictment with narcotics trafficking: Count One--conspiracy to possess with intent to distribute and distribution of cocaine base; Count Two--aiding and abetting possession with intent to distribute 72.8 grams of cocaine base; Count Three--aiding and abetting in the intentional distribution of 72.8 grams of cocaine base. A jury convicted Appellant on all three counts, and the district court sentenced him to 135 months imprisonment and to five years supervised release. Ashley timely appeals his conviction and sentence. 3 Ashley contends the…