United States v. Chris John Gudal

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Chris John GUDAL, Defendant-Appellant. No. 92-30014. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Nov. 27, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Chris John Gudal appeals his conviction and sentence for knowingly and intentionally manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). He asserts that evidence obtained by use of a search warrant should have been suppressed because the warrant was based upon information from an informant who had obtained it by trespassing on Gudal's property. He also asserts that there should have been an evidentiary hearing regarding misstatements in and omissions from the warrant. Finally, he asserts that the guideline requirement that marijuana plants be equated to quantities of marijuana is unconstitutional and that he should have been…