United States v. Fernando Figueroa-Mendoza

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando FIGUEROA-MENDOZA, Defendant-Appellant. No. 95-50358. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1996. Decided July 9, 1996. Before: WIGGINS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Mr. Figueroa-Mendoza was convicted of possessing with intent to distribute 71.9 pounds of cocaine in violation of 21 U.S.C. § 841 (a)(1). He appeals, arguing: 1) the trial judge rendered the trial fundamentally unfair when he made a remark concerning Figueroa-Mendoza's knowledge that he was transporting cocaine; and 2) the trial judge erred in finding him ineligible for a "downward departure" under U.S.S.G. § 5C1.2. 3 We reject both arguments and affirm. The district judge gave cautionary instructions to the jury which rendered his unfortunate but isolated remark harmless. The appellant's § 5C1.2 argument rests on a…