United States v. Kim Louis Passwaiter

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kim Louis PASSWAITER, Defendant-Appellant. No. 90-10556. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 14, 1991. Decided Aug. 29, 1991. Before BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kim Passwaiter pleaded guilty to one count of conspiracy to import marijuana in violation of 21 U.S.C. § 963 , for which he was sentenced to 188 months' imprisonment and five years of supervised release. On appeal, Passwaiter argues that the district court erred by (1) sentencing him as a career offender, based on one current and two prior drug conspiracy convictions, and despite the government's failure to file an information pursuant to 21 U.S.C. § 851 (a); (2) miscalculating the appropriate degree of downward departure; (3) failing to reduce Passwaiter's offense level for his allegedly minor role in the crime; and (4)…