United States v. Robert E. Shelton

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert E. SHELTON, Defendant-Appellant. No. 91-30295. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 22, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Robert E. Shelton appeals his sentence following his guilty plea to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) & 846. Shelton contends that the mandatory minimum sentence provisions in 21 U.S.C. § 841 are not applicable to a conspiracy conviction if the requisite quantity of controlled substance is nonexistent. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, United States v. Ayarza, 874 F.2d 647, 652 (9th Cir.), cert. denied, 493 U.S. 1047 (1990), and affirm. 21 U.S.C. § 846 provides: 3 Any person who attempts or conspires to commit any offense defined in this…