United States v. Randy D. Gagnier

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 D. GAGNIER, Defendant-Appellant. No. 92-10177. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Randy D. Gagnier appeals his sentence under the United States Sentencing Guidelines, following a jury trial, for conspiracy to possess with intent to distribute marijuana and attempted possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B)(vii), (b)(1)(c) and 846. Gagnier contends that the district court erred by (1) finding that he was accountable for 200 pounds of marijuana for sentencing purposes and (2) finding that he was an "organizer" or "leader" in the criminal activity pursuant to Guidelines section 3B1.1(c). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Drug…