United States v. Jose Navarrete

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose NAVARRETE, Defendant-Appellant. No. 95-30195. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1996. Decided Aug. 13, 1996. Before: REAVLEY, * REINHARDT, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Navarrete appeals his conviction and sentence. The parties are familiar with the facts. We affirm. 3 I. Government Interference With Potential Defense Witness 4 Navarrete contends that government intimidation caused Valdez-Rivero to change his story about Navarrete's knowledge of the contents of the Express Mail Package. Without such intimidation, Navarette argues, Valdez-Rivero would have testified that Navarrete did not know the package contained cocaine. 5 Navarrete must demonstrate misconduct by a preponderance of the evidence. United States v. Lord, 711 F.2d 887 , 891 n. 3 (1983). We review for clear error the district…