United States v. Ted Wayne Millican

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ted Wayne MILLICAN, Defendant-Appellant. No. 92-50000. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 10, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Ted Millican appeals from his sentence, imposed following a guilty plea, for one count of conspiracy to manufacture and distribute amphetamine, in violation of 21 U.S.C. § 846 , and two counts of possession with intent to distribute amphetamine, in violation of 21 U.S.C. § 841 (a)(1). Millican contends that the district court erred in its calculation of his base offense level under the United States Sentencing Guidelines because it included the amount of amphetamine that could have been produced in Millican's codefendant's laboratory. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo the district court's…