United States v. Michael Anderson

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael ANDERSON, Defendant-Appellee. No. 90-50673. United States Court of Appeals, Ninth Circuit. Submitted May 1, 1992. * Decided July 2, 1992. Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Anderson appeals his sentence following conviction after a stipulated facts trial, contending that the district court erred in imposing a minimum term pursuant to 21 U.S.C. § 841 (b) because the government failed to prove that the substance found in his possession was cocaine base. We affirm. 3 The government charged Michael Anderson with possession with intent to distribute approximately 54.5 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1) (Count I) and knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c) (Count II). Anderson stipulated to…