United States v. Rene Gutierrez-Insunza

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rene GUTIERREZ-INSUNZA, Defendant-Appellant. No. 91-50249. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. Decided Sept. 25, 1992. 1 Before TANG, and CYNTHIA HOLCOMB HALL, Circuit Judges, and SHUBB, * District Judge. 2 MEMORANDUM ** I. OVERVIEW 3 Rene Gutierrez-Insunza appeals his sentence under the United States Sentencing Commission, Guidelines Manual, ("U.S.S.G.") and conviction by jury trial on: one count of conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846; one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1); one count of aiding and abetting possession of marijuana with intent to distribute, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1); and one count of possession of a firearm during the…