United States v. Jesus Mejia-Duarte, United States of America v. Francisco Gonzalez

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus MEJIA-DUARTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Francisco GONZALEZ, Defendant-Appellant. No. 95-50460, 95-50499. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1996. Decided Sept. 12, 1996. Before: D.W. NELSON, T.G. NELSON and THOMAS, Circuit Judges. 1 MEMORANDUM * Appeal No. 95-50460 (Mejia-Duarte) A. Conspiracy 2 After the meeting place was changed to the K-Mart parking lot, Hernandez was not told where the delivery was to take place. Before taking Hernandez to the K-Mart parking lot, Mejia asked Hernandez if he had the "stuff" and had Hernandez show him the package hidden under his shirt. When he dropped Hernandez off, he told him to wait. When asked by Gonzalez if he had the "merchandise," Mejia replied that he did not, the other guy did, and told Gonzalez where to find Hernandez. 3 When…