United States v. Francisco Murgia Cervantes

79 F.3d 1154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco Murgia CERVANTES, Defendant-Appellant. No. 94-10365. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 14, 1995. Decided March 15, 1996. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Cervantes appeals his sentence of 180 months pursuant to convictions for various narcotics offenses. He argues that he was denied his constitutional right to address the court prior to his sentence modification and that the trial court erred in sentencing him to a five-year term on a weapons enhancement. Cervantes contends further that the trial court erred in applying the mandatory minimum sentence of 180 months where there was no evidence of his knowledge as to the quantity of drugs involved in the robbery. We affirm. 3 * At approximately 1:00 a.m. on February 2, 1994, outside Pixley, California, Francisco Mugia Cervantes…