Court of Appeals for the Ninth Circuit February 25, 2004, 01-10686, 02-10260 (United States v. Francisco Javier Alvarez, A.K.A. Frank Javier Alvarez, United States of America v. Richard Valenzuela)

RESTANI, Judge:

I. IntRoduction

Francisco Javier Alvarez appeals his jury conviction and sentence for one count of conspiracy to possess with intent to distribute cocaine in excess of five kilograms in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and § 846 (2000), a Class A felony.