United States v. Howard Handa

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Howard HANDA, Defendant-Appellant. No. 90-10514. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1991. Decided Sept. 9, 1991. Before SCHROEDER, FLETCHER and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 Howard Handa appeals his convictions for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and use of a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c). He asserts that the district court erred in denying his motion to suppress evidence, in instructing the jury that his gun was a "firearm" as a matter of law, in failing to instruct the jury on a standard of proof regarding the quantity of the drug, in finding that methamphetamine hydrochloride constituted "pure methamphetamine" under Sentencing Guideline Table 2D1.1, and in refusing to reduce the base…