United States v. Jerry E. Bates

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry E. BATES, Defendant-Appellant. No. 90-30186. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 12, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Bates appeals from his sentence, imposed following conviction after a jury trial, for conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C. § 846 . Bates contends that the district court erred by sentencing him to the mandatory minimum sentence described in 21 U.S.C. 3 § 841(b)(1)(B)(viii) based on its estimate that he could have produced over 10 grams of methamphetamine. He argues that the district court lacked authority to estimate the purity of methamphetamine he could have produced. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 4 We review de novo the legality of a…