United States v. Sam Quiroz, Jr.

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sam QUIROZ, Jr., Defendant-Appellant. No. 91-10289. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1992. * Decided May 22, 1992. Before BOOCHEVER, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Quiroz was convicted of distribution and aiding and abetting the distribution of phencyclindine (PCP). He appeals his sentence of 156 months imprisonment contending that the court erred in basing the term on the net pure percentage of PCP in the seized drugs rather than on the total weight of the mixture. 3 Quiroz sold and attempted to sell PCP which weighed a total of approximately 76 grams, and was 71 to 82% pure (the rest was manitrol). It thus contained approximately 59 grams of pure PCP. Classified as a "mixture", the 76-gram total was below the 100-gram threshold for "mixtures" carrying a 10-year minimum sentence under 21 U.S.C. § 841…