United States v. Vincent Herman

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vincent HERMAN, Defendant-Appellant. No. 91-10573. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 14, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Vincent Herman appeals his sentence under the Sentencing Guidelines, following a plea of guilty, for one count of manufacturing over 100 marijuana plants in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced Herman to the minimum mandatory sentence of five years imprisonment to be followed by four years supervised release. 1 Herman contends that the district court erred by including "dead" marijuana plants in its calculation of the total number of marijuana plants involved. The government contends that Herman waived his right to challenge the district court's sentencing calculation by withdrawing his objections at the sentencing…