United States v. Jerry Fisher, Jr.

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry FISHER, Jr., Defendant-Appellant. No. 95-10232. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Fisher, Jr., appeals his jury conviction for one count of conspiring to possess with the intent to distribute heroin ( 21 U.S.C. §§ 841 (a)(1), 846) and five counts of possessing with the intent to distribute heroin ( 21 U.S.C. § 841 (a)(1)). He contends that: (1) the trial court erred by failing to grant his motion for judgment of acquittal; and (2) trial counsel was ineffective for failing to present an entrapment defense at trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. BACKGROUND 3 On August 12, 1993, a paid informant introduced DEA agent Paul Hacket to Fisher and his live-in…