Unpublished Disposition, 872 F.2d 431 (9th Cir. 1986)

MEMORANDUM^** 

Thomas Humberto Cuellar appeals from his conviction for conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846, and possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841. He contends that the district court erred in instructing the jury, pursuant to United States v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951 (1976), that deliberate avoidance of guilty knowledge is legally the same as actual knowledge.

The district court erred in giving the Jewell instruction in regards to Cuellar. Counsel for Cuellar objected to the instructions without stating distinctly the grounds of his objection. Hence the error may not be assigned on appeal. Fed. R. App. P. 30. In any event, the error was harmless. An abundance of evidence shown Cuellar to be guilty. The facts of the conspiracy in which he was involved are set out in United States v. Hernan Hoyos, 87-5060 slip op. March 6, 1986 (9th Cir.). Over 100 kilos of cocaine were seized from a pickup truck driven from the Eagle Nest garage. He was seen in the Eagle Nest garage during the time when cocaine was being loaded into the truck or else, at the very least, was on the truck after it had been loaded with cocaine. One of the boxes was open showing bags of white powder. In driving to the Eagle Nest residence, Cuellar engaged in driving maneuvers intended to detect or allude surveillance. He rented the Eagle Nest house in the name of a co-conspirator. He used four false names, one of which was used to register two of the automobiles used in the conspiracy. He carried on his person a sheet of paper marked with the codes IW1, IT3. The same codes were marked on the packages of cocaine that were seized on the truck.

AFFIRMED.