United States v. Arthur Daniel Merkle

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arthur Daniel MERKLE, Defendant-Appellant. No. 90-50622. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1991. Decided Sept. 6, 1991. Before WALLACE, Chief Judge, and GOODWIN, Circuit Judge, and TANNER * , District Judge. MEMORANDUM ** Arthur Daniel Merkle was stopped by Border Patrol agents while driving near Oak Grove, California. The agents, after searching the appellant's van, arrested him for possession of methamphetamine. The district court convicted him of conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 846 , possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , and the use and carrying of a firearm during and in relation to a drug trafficking crime in violation of 18…