United States v. Michael Ross Thrasher

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Ross THRASHER, Defendant-Appellant. No. 91-30381. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Dec. 17, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. MEMORANDUM * Michael Ross Thrasher ("Thrasher") appeals his jury conviction and sentence for possession with intent to distribute lysergic acid diethylamide ("LSD"), in violation of 21 U.S.C. § 841 (a). Thrasher argues that he did not knowingly, intelligently and voluntarily waive his Miranda rights, and therefore, his right against self-incrimination was violated because the district court failed to suppress statements made to the police. He also argues that the district court erred in failing to instruct the jury on a lesser included offense. Finally, Thrasher argues that the mandatory minimum sentence under 21 U.S.C. § 841 (b) is…