United States v. Rafael Lorea

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael LOREA, Defendant-Appellee. No. 94-50032. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1995. * Decided Dec. 7, 1995. 1 Before: T.G. NELSON and KLEINFELD, Circuit Judges; LEGGE, District Judge *** 2 MEMORANDUM ** I. 3 Appellant Rafael Lorea was arrested while crossing into the United States as a passenger in a truck, in which 66 pounds of marijuana and 2.2 pounds of cocaine had been secreted. A federal grand jury indicted appellant on eight counts. Following a jury trial, appellant was convicted of aiding and abetting the importation of cocaine and marijuana (counts 2 and 6), and aiding and abetting the possession of cocaine and marijuana with intent to distribute (counts 4 and 8). The jury acquitted appellant on the four other counts of conspiracy. 4 Lorea appeals the judgment of conviction. The district court had jurisdiction under 18…