United States v. Carlos Vintimilla

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos VINTIMILLA, Defendant-Appellant. No. 94-50379. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1996. Decided Feb. 20, 1996. Before: POOLE, WIGGINS, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Carlos Vintimilla appeals his conviction on charges of conspiracy to possess with the intent to distribute cocaine, in violation of 21 U.S.C. § 846 , and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction, 28 U.S.C. § 1291 , and affirm. 3 * Vintimilla agrees that there was no plain error on account of his Sixth Amendment right to a speedy trial and his Fifth Amendment right to due process. However, he argues that we should remand because the issue was raised in his post-trial motion (and habeas petition). We see no basis for doing so, as his motion for a new trial did not…