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U.S. v. PEMBERTON

No. 87-1060.

853 F.2d 730 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Robert B. PEMBERTON, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1988.

Attorney(s) appearing for the Case

Michael H. Metzger, Sausalito, Cal., for defendant-appellant.

John Stephen Graham, and Dorothy Nash Holmes, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before SKOPIL, NELSON and BEEZER, Circuit Judges.

PER CURIAM:

Robert Pemberton appeals his conviction on one count of conspiracy to possess more than 50 kilos of marijuana for sale and on three counts of using a phone to facilitate a narcotics offense. See 21 U.S.C. §§ 846 and 843(b) (1982). He argues that there was insufficient evidence to convict him of conspiracy, that the district judge erred in instructing the jury, and that his conviction should be void because of alleged outrageous conduct...

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