United States v. Javier Valencia-Hernandez, United States of America v. Antonio Mendoza

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier VALENCIA-HERNANDEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Antonio MENDOZA, Defendant-Appellant. No. 95-30349, 95-30356. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided July 24, 1996. Before: REAVLEY, * REINHARDT, WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Appellants Antonio Mendoza and Javier Valencia-Hernandez ("Valencia") appeal their convictions on one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B) and § 846. Appellants contend that the district court erred in denying their motions to suppress the fruits of a search. Mendoza also claims that the district court erred in failing to instruct the jury that mere proximity to methamphetamine is…