United States v. Ricardo Barraza

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ricardo BARRAZA, Defendant-Appellant. No. 95-50450. United States Court of Appeals, Ninth Circuit. Submitted June 3, 1996. * Decided June 18, 1996. Before: WIGGINS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Ricardo Barraza appeals the district court's denial of his motion to dismiss all counts of the indictment charging him with numerous drug-related offenses. In a prior case in the Southern District of California (No. 94-1074-R), Barraza pled guilty to aiding and abetting the possession with intent to distribute 1,500 pounds of marijuana. In exchange, the government agreed "not to charge [Barraza] with any other drug offense in connection with the 1500 pounds of marijuana in this case." 3 Barraza moved to dismiss the indictment in the instant case as barred by this provision of the plea agreement. He argues that, because the 1,500 pounds of…