United States v. Kathleen Rebecca Kiba, United States of America v. Stephen George Kiba

951 F.2d 364 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kathleen Rebecca KIBA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Stephen George KIBA, Defendant-Appellant. Nos. 91-50149, 91-50159. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1991 Decided Jan. 8, 1992. Before JAMES R. BROWNING, BOOCHEVER and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Kathleen Rebecca Kiba and Stephen George Kiba appeal their convictions and sentences for conspiracy to manufacture methamphetamine. We AFFIRM in part and REMAND in part. BACKGROUND 3 On October 30, 1989, the Drug Enforcement Administration (DEA) arranged a controlled buy of methamphetamine between an agent and co-defendant Richard Gold (aka Steven Anderson) in Pacific Beach, San Diego. When DEA agents proceeded to arrest him, Gold attempted to flee and to shoot an agent with a handgun. During the pursuit, DEA agents fired…