United States v. Jorge Vargas Aguilar

94 F.3d 654 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge Vargas AGUILAR, Defendant-Appellant. No. 95-50527. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1996. Decided Aug. 16, 1996. Before: REINHARDT, HALL and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Defendant-appellant Jorge Vargas-Aguilar appeals his conviction for importation of marijuana, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 952 , 960 and 21 U.S.C. § 841 (a)(1). We affirm. I. 3 Appellant argues that the court abused its discretion by reopening the trial following a five-day recess in trial and after the parties had rested their cases. In reviewing a motion to reopen, the court considers several factors, including: (1) the materiality of the evidence to the case; (2) the reason why the evidence was not presented earlier, in a more timely fashion; and (3) the likelihood…