Unpublished Disposition, 886 F.2d 1320 (9th Cir. 1989)

ORDER

This case was initially submitted and decided without oral argument. Memorandum disposition, No. 87-5136 (Nov. 16, 1988). In response to the petition for rehearing, the panel heard argument on August 10, 1989, principally to determine whether the decision was inconsistent with United States v. Zamanian, No. 87-5137 (unpublished disposition Aug. 10, 1988), in which the panel reversed the convictions of Rahimi-Ardebili's co-defendant. We conclude there is no inconsistency and adhere to our original disposition.

We conclude the evidence as to the respective defendants was different in some respects. Six telephone calls were made between Rahimi-Ardebili's residence and that of co-defendant Ebtehaj-Rashti closely preceding the transaction. The evidence did not connect Zamanian to the calls. It was Rahimi-Ardebili, not Zamanian, who was in possession of a bag containing currency when the car in which the two men were traveling was stopped by police. Although Zamanian was seen transferring a purse which might have contained heroin, no evidence of the contents of this purse was admitted. On the evidence presented to it, a reasonable jury could have found beyond a reasonable doubt that Rahimi-Ardebili was a member of the conspiracy. Having so concluded, a reasonable jury also could have found that he was guilty of possession as well.

The petition for rehearing and this order have been circulatedto the full court. No member of the court has requested en banc rehearing. The disposition is affirmed. No further petition for rehearing will be entertained.