United States v. Ben J. Kler

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ben J. KLER, Defendant-Appellant. Nos. 91-10178, 91-10162. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1992. Decided June 19, 1992. Before GOODWIN, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Ben J. Kler was convicted of conspiracy, manufacture of 100 or more marijuana plants, possession with intent to distribute marijuana and failure to appear. Kler appeals his conviction and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm in part and reverse and remand in part. 3 * In August 1988, agents of the United States Forest Service ("USFS") discovered marijuana growing in two locations approximately 0.3 miles apart in the Shasta-Trinity National Forest. On October 5, 1988, USFS agents conducting surveillance arrested Kler and two other defendants who were harvesting marijuana at one of the…