United States v. John Michael Martin

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Michael MARTIN, Defendant-Appellant. No. 91-10544. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 26, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 John Martin appeals from his conviction and sentence, imposed following entry of a guilty plea, for using a telephone to facilitate a drug trafficking offense and possessing a firearm in connection with a drug offense in violation of 18 U.S.C. § 843 (b) and 21 U.S.C. § 924 (c). Martin contends that the district court (1) should have allowed him to withdraw his guilty plea because he was not advised of his ineligibility for probation, (2) erred in its calculation of his base offense level under the United States Sentencing Guidelines, and (3) erred by not departing downward from the applicable Guidelines range. We have…