United States v. Frank Edward Gegax

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Edward GEGAX, Defendant-Appellant. No. 91-10477. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Frank Edward Gegax appeals his sentence of 144 months under the United States Sentencing Guidelines ("Guidelines"), following a guilty plea, for conspiracy to distribute or possess with intent to distribute marijuana plants and marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and money laundering in violation of 18 U.S.C. § 1956 (a)(1)(A)(i). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gegax's counsel filed a brief which identified two possible issues for review: (1) whether the fine provisions of the Guidelines are contrary to statutory authority and (2) whether the district court abused its discretion…