United States v. Frankie Contreras

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frankie CONTRERAS, Defendant-Appellant. No. 91-50234. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Submission withdrawn May 7, 1992. Resubmitted June 12, 1992. Decided Aug. 6, 1992. Before ALARCON, WILLIAM A. NORRIS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Frankie Contreras was convicted of a conspiracy to posses phencyclidine (PCP) with intent to distribute, in violation of 21 U.S.C. §§ 841 (a) & 846, and sentenced to 292 months imprisonment. He appeals his sentence. We vacate and remand. 3 * At sentencing the district court calculated appellant's base offense level as 32. Because the district court determined, however, that appellant is a career offender within the meaning of U.S.S.G. § 4B1.1, the court enhanced the base offense level to 37 as required by that section. 4 Appellant first challenges the…