United States v. Thomas Dale Tonkin

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Dale TONKIN, Defendant-Appellant. No. 90-50562. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Aug. 28, 1991. Before JAMES R. BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Dale Tonkin appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines or U.S.S.G.), following his conviction by a jury, for conspiracy to import and importation of marijuana, and conspiracy to possess and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 846, 952, 960 and 963. Tonkin claims: 1) the district court impermissibly adjusted his base offense level upward pursuant to U.S.S.G. § 3C1.1 after concluding that he obstructed justice by testifying falsely at trial; and 2) the district court's failure to apply a similar adjustment to…