United States v. Jose Corral

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose CORRAL, Defendant-Appellant. No. 94-50496. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Dec. 13, 1995. Before: T.G. NELSON and KLEINFELD, Circuit Judges; LEGGE, District Judge * . MEMORANDUM ** I. Appellant Jose Corral appeals from his conviction and sentence for importing cocaine and possessing cocaine with the intent to distribute it. Appellant challenges (1) the use of certain statements he made after allegedly invoking his right to counsel, (2) the sufficiency of his Miranda warnings, (3) the introduction of a photograph, and (4) the district court's not finding him to be a "minor" participant at sentencing. This court AFFIRMS appellant's conviction, VACATES the sentence, and REMANDS for resentencing for the district court to determine whether appellant qualifies for a downward adjustment of his offense level.…