United States v. Parra
Opinion of the Court
MEMORANDUM
Pedro Parra and Marco Enriquez-Hermosillo appeal their convictions for conspiracy to possess and possession of methamphetamine with the intent to distribute
I
The district court did not abuse its discretion when it denied the petitioners’ request for a continuance because the denial did not prejudice them.
II
The trial court did not abuse its discretion in denying the appellants’ motion for a new trial. The motion was untimely for all grounds except newly discovered evidence, and the appellants did not offer or rely on any newly discovered evidence. See United States v. McKinney, 952 F.2d 333, 336 (9th Cir. 1991); Fed. R.Crim. P. 33.
III
We do not address Enriquez-Hermosillo’s ineffective assistance of counsel claim on this direct appeal. This claim must be deferred to collateral review because the representation was not facially inadequate and the record is insufficiently developed to discern trial counsel’s motives for (1) making an untimely severance mo
The judgment of the district court is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Despite our affirmance, we do not condone the government’s misstatements at the continuance hearing minimizing the role of the sub-informant Gapo. The extent of Gapo’s participation, while not known to the prosecutor at the time of the continuance hearing, was well within the collective knowledge of the government. We similarly do not condone the apparent lack of meaningful supervision over the informant Pulido’s use of Gapo in this operation.
. Enriquez-Hermosillo’s cross examination of Pulido indicates that at least one of the defendants either possessed or examined Pulido’s phone records before the fourth day of trial.
. The trial court did not abuse its discretion when it ruled that the phone records from other cases that Gapo and Pulido worked on were not sufficiently relevant in the absence of a finding in those cases that the defendants there were improperly induced or entrapped. See United States v. Abonce-Barrera, 257 F.3d 959, 969-70 (9th Cir. 2001) (holding that evidence of other cases in which the informant had testified were not material to the defense of the case at hand).
. We also find no merit in Enriquez-Hermosillo’s contention that the district court abused its discretion in denying his request, made during the trial, to relieve his counsel. Enriquez-Hermossillo articulated no sufficient ground for such relief, and the record discloses none.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Pedro Alberto PARRA, Jr., Defendant—Appellant United States of America, Plaintiff—Appellee v. Marco Antonio Enriquez-Hermosillo, Defendant—Appellant
- Status
- Published