United States v. Scott Charles Heal

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Scott Charles HEAL, Defendant-Appellant. No. 91-30349. United States Court of Appeals, Ninth Circuit. Submitted Aug. 18, 1992. * Decided Aug. 20, 1992. MEMORANDUM ** Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 Scott Heal is serving a 75-month sentence after a jury convicted him of growing marijuana with intent to distribute. Among 271 marijuana plants seized from Heal's house were 224 plant cuttings, which he contends should not be counted as "plants" for sentencing purposes. Heal appeals his conviction and sentence on this and other grounds including improper admission of evidence, lack of sufficient evidence of a conspiracy, and improper jury instructions. 2 * Heal began to grow marijuana in 1986. In April 1990, Wade Gackle moved into Heal's house. During 1990 Gackle watered the marijuana plants at Heal's request. He also smoked some of the…