United States v. David Traub

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David TRAUB, Defendant-Appellant. No. 91-50195. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1991. * Decided Oct. 14, 1992. Before SNEED, BEEZER and TROTT, Circuit Judges. 1 AMENDED MEMORANDUM ** 2 David Traub appeals a 33-month sentence he received after pleading guilty to one count of cocaine distribution. Traub argues that in computing Traub's relevant conduct under the Sentencing Guidelines, the trial court impermissibly took into account the amount of cocaine involved in a second cocaine distribution count that was dismissed as part of Traub's plea bargain. We affirm. I. FACTS AND PROCEEDINGS BELOW 3 Traub was charged inter alia with two counts of distributing cocaine in violation of 21 U.S.C. § 841 (a)(1). He pleaded guilty to the first count; the second count was dismissed. In determining Traub's Guidelines sentence, the trial court…