United States v. Randy Ray Miller, United States of America v. Kevin Lee Cody, United States of America v. Tony Leo Patterson

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy Ray MILLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kevin Lee CODY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tony Leo PATTERSON, Defendant-Appellant. Nos. 91-30330, 91-30371 and 91-30410. * United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1992. Decided Nov. 20, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Randy Ray Miller, Kevin Lee Cody and Tony Leo Patterson (Defendants) challenge their convictions on the grounds that the prosecution was vindictive, selective and arbitrary. Miller and Cody also attack the district court's application of the Sentencing Guidelines. We affirm. BACKGROUND FACTS 3 An Oregon grand jury returned an indictment on February 1, 1991, charging Defendants with conspiracy, attempted manufacture and attempted delivery of a…