Ruelas

MEMORANDUM *

George Michael Ruelas appeals his convictions for conspiracy to possess with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and possession with the intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1). Ruelas is a former California Highway Patrolman who conspired with other law enforcement officers to use legitimate police intelligence to steal narcotics and cash. The conspiracy included a July 4, 1997 theft of 295 kilograms of cocaine from the California Bureau of Narcotics Enforcement’s (“BNE”) evidence vault. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Alibi Rebuttal Evidence

The district court did not abuse its discretion in permitting the government to present evidence rebutting Ruelas’s alibi, despite the tardiness of its notice. Federal Rule of Criminal Procedure 12.1 imposes a continuing reciprocal duty on the government and a defendant to disclose the particulars of an alibi defense and its rebuttal. See Fed.R.Crim.P. 12.1. Under the Rule, once a defendant provides adequate notice of an intended alibi, the government must timely disclose “each government rebuttal witness to the…

concurring.

I concur in the memorandum disposition, except that, with regard to the conspiracy instruction issue, I concur only for the reason that, even if there were two conspiracies, the evidence establishes that Ruelas participated in both. A multiple conspiracy instruction would not have resulted in his acquittal for either period, so any error was harmless.