Court of Appeals for the Ninth Circuit December 18, 2002, No. 01-10701; D.C. No. CR-01-00077-SRB (United States v. Lopez)

*888MEMORANDUM *

A jury convicted Jose Luis Lopez (“Lopez”) of one count of conspiracy to possess with intent to distribute cocaine base under 21 U.S.C. §§ 841(a)(1), (b)(1)(a) and 846, one count of possession with intent to distribute heroin under 21 U.S.C. §§ 841(a)(1) and (b)(1)(C), one count of possession with intent to distribute heroin under 21 U.S.C.