U.S. v. MARTINEZ

No. 97-10098.

182 F.3d 1107 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1999.


Attorney(s) appearing for the Case

John Ashford Thompson, Kaneohe, Hawaii, for the defendant-appellant.

Louis A. Bracco, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

Before: WALLACE, T.G. NELSON, and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This case raises two issues, whether evidence of a prior conviction was permissibly allowed in, and whether use of a "communications facility" under 21 U.S.C. § 843 is a permissible drug-related felony predicate for the increased penalties of 21 U.S.C. § 841(b)(1)(B).

FACTS

Martinez and Serrano (Serrano's appeal is disposed of separately in a memorandum disposition) smuggled methamphetamine from San Francisco into...

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