United States v. Martin Leonard Levine

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin Leonard LEVINE, Defendant-Appellant. No. 91-30398. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1992. * Decided Nov. 13, 1992. Before HUG, POOLE and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Martin Levine entered a conditional guilty plea to manufacturing marijuana in violation of 21 U.S.C. § 841 following the district court's denial of his motion to suppress certain evidence. Levine argues that the district court erred in refusing to suppress that evidence because the warrant that authorized a search of the mobile home he was renting was not based on probable cause. Levine also appeals his sentence, contending that the district court erroneously believed that it lacked the power to impose a sentence below the Guidelines sentencing range or the statutory minimum required by 21 U.S.C. § 841 . We have jurisdiction over…