United States v. John Albert Davis

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Albert DAVIS, Defendant-Appellant. No. 91-30256. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided May 13, 1992. 1 Before WALLACE, Chief Judge, * GOODWIN, Circuit Judge, and LEVI ** , District Judge. 2 MEMORANDUM *** 3 Davis challenges the district court's failure to specify whether dead marijuana rootballs should be counted toward the applicable offense level under the Sentencing Guidelines, in violation of Fed.R.Crim.P. 32(c)(3)(D), as well as the court's inclusion of dead rootballs in its calculations for assigning Davis a base offense level. 4 Davis pled guilty to manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). At the sentencing hearing, the district court assigned Davis a base offense level of 26 based on 95 growing marijuana plants, 95 marijuana rootballs, a bag containing approximately 8 1/4 pounds of…