United States v. Frank Quiroz Carrasco, United States of America v. Lucindo Ruiz-Ontiveros

OPINION

Before DUNIWAY and TRASK, Circuit Judges, and BATTIN, * District Judge. DUNIWAY, Circuit Judge:

A jury found Carrasco and Ruiz-Ontiveros guilty of conspiring to violate 21 U.S.C. § 841(a)(1) in violation of 18 U.S.C. § 371 and of possessing a controlled substance (heroin) with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 846. It also found Carrasco guilty of using an interstate communication facility, a telephone, in furtherance of this scheme in violation of 21 U.S.C. § 843(b). Both appeal from the judgment of conviction, citing as error the district court’s…