United States v. Martinez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge TASHIMA; Dissent by Judge SCHWARZER.
ORDER
TASHIMA, Circuit Judge:
The Memorandum disposition filed July 24, 1997, 1997 WL 418890, is hereby withdrawn and the opinions attached hereto are ordered filed in its place.
OPINION
Benjamin Martinez was convicted by jury of distribution of methamphetamine and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court then granted his motion for a judgment of acquittal and, in the alternative, for a new trial, finding that the government had failed to carry its burden with respect to…
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