Ochoa

MEMORANDUM ***

Jesus Manuel Ochoa (“Ochoa”) appeals his conviction and sentence for possession of marijuana with intent to distribute, assault on an Immigration and Customs Enforcement agent during a high speed chase near the Mexican border, and resulting damage to the agent’s vehicle. We affirm.

I

The district court did not violate Ochoa’s due process rights by declining to suppress a government witness’s identification, which concerned only the earlier incident, for which charges have been dismissed. The record does not disclose any reason that the admission of the evidence in this case tainted Ochoa’s conviction for the incident during which he was arrested, particularly given that the jury failed to accept that evidence for the earlier charges to which it was relevant. The agent’s in-court identification of Ochoa bore sufficient signs of reliability to permit admission of the testimony which, in turn, provided a sufficient basis when combined with other evidence for Counts one through four to be submitted to the jury. United States v. Valenzuela, 722 F.2d 1431, 1432 (9th Cir.1983).

II

The sentence imposed by the district court was reasonable. See United States v. Booker,…