[DOWNLOAD] "Caldwell v. Enstrom Helicopter Corporation" by Ninth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Caldwell v. Enstrom Helicopter Corporation
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 30, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In June 1999 the grand jury returned an indictment charging defendant-appellant Miguel Alvarez-Valenzuela ("Alvarez") and two co-defendants with conspiracy to import marijuana; importation of marijuana; conspiracy to possess marijuana with intent to distribute; and use, carrying, or possession of a gun in relation to a drug-trafficking crime. Alvarez and his co-defendants were arrested on January 29, 1999 by Border Patrol agents in the desert near Douglas, Arizona about two miles north of the United States-Mexico border. At the time of their arrest, the men were carrying eighty-three pounds of marijuana. Agents also discovered a .380 caliber pistol on the ground near the three men. In May 1999, Alvarez and co-defendant Francisco Martines-Renteria ("Martines") were found guilty by a jury on all counts, but only the firearms charge was seriously contested. The third co-defendant, Rodolfo Bejarano-Ponce ("Bejarano"), pled guilty to all five counts pursuant to a plea agreement and testified as a government witness against Alvarez and Martines. Only Alvarez is involved in this appeal. No issue except the gun issue is raised. Alvarez first challenges the sufficiency of the evidence to support the firearms conviction and, second, the district courts response to a jury question regarding a jury instruction based on Pinkerton v. United States, 328 U.S. 640 (1946).