United States v. Howard James Harris

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Howard James HARRIS, Defendant-Appellant. No. 91-10551. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 28, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Howard James Harris appeals his sentence imposed under the Sentencing Guidelines on remand from this court. See United States v. Harris, Nos. 88-1479, 88-1487, memorandum disposition (9th Cir. June 1, 1990) (remanding for clarification of base offense level and extent of upward adjustment for role in offense). Harris pleaded guilty to two counts of aiding and abetting the distribution of phencyclidine (PCP), and pursuant to his plea agreement, other counts were dismissed. He contends that on remand the district court erred by (1) considering PCP involved in the dismissed counts when setting his base offense level at 40, (2) failing to…