Marquez-Lerma

United States v. Marquez-Lerma

Good Law
203 F. App'x 1
United States Court of Appeals for the Ninth CircuitSeptember 27, 2006Nos. 04-30430, 04-30475, 04-30484, 04-30431, 04-30478, 04-30485, 04-30474, 04-30483California3,234 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants Libia Marquez-Lerma (“Marquez-Lerma”), Ibis Zamudio-Gomez (“Zamudio-Gomez”), Alejandro Sequieros-Garcia (“Sequieros-Gareia”), and John Fasching (“Fasching”) in these consolidated appeals were convicted of several counts of Conspiracy to Possess with Intent to Distribute a Controlled Substance, in violation of 21 U.S.C. § 846 , and Possession with Intent to Distribute a Controlled Substance, in violation of 21 U.S.C. § 841 (a) and 18 U.S.C. § 2 .

They now appeal their convictions, contending that the district court erred in the following particulars: (1) by denying their motions to suppress statements made to law enforcement officers; (2) by violating their Sixth Amendment right to confrontation as a result of limiting their ability to cross-examine the Fernandez brothers and excluding the Fernandez brothers’ plea *4 agreements from evidence; (3) by denying their Rule 29(a) motions challenging the sufficiency of the evidence; and (4) by refusing to give a proposed jury instruction. All Defendants, except Fasching, also appeal their respective sentences. They contend that: (1) the district court erred by denying a four-level downward adjustment for minimal…

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