Call

United States v. Call

Good Law
73 F. App'x 268
United States Court of Appeals for the Ninth CircuitAugust 18, 2003Nos. 01-50439, 01-50447; D.C. No. CR-00-0431-SVW-02, CR-00-00431-SVW-1California3,122 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants Cheryl Call and Laroy Alvin Berry appeal their convictions on charges of conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841 , 846, and Call appeals her conviction on charges of distribution of cocaine base (crack) and cocaine, in violation of 21 U.S.C. § 841 , and making property available for use or distribution of cocaine base, in violation of 21 U.S.C. § 856 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The relevant facts are known to the parties and are discussed here briefly and only as necessary. Because appellants raise numerous challenges to their convietions and sentences, we will address each of their contentions in turn.

I. Preindictment Delay

Call and Berry claim that the indictment against them should have been dismissed for excessive preindictment delay, in violation of the Fifth Amendment. We review for abuse of discretion the district court’s denial of a motion to dismiss for excessive preindictment delay. United States v. Ross, 123 F.3d 1181, 1184 (9th Cir.1997).

The district court did not abuse its discretion in denying the motion to dismiss because appellants have not shown “actual,…

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