United States v. Bernardo Jorge Herzer

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bernardo Jorge HERZER, Defendant-Appellant. No. 92-50350. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1992. Decided Jan. 26, 1993. Appeal from the United States District Court for the Southern District of California, No. CR-91-571-03-GT; Gordon Thompson, Jr., District Judge, Presiding. S.D.Cal. AFFIRMED AND REMANDED. Before JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Bernardo Jorge Herzer appeals his sentence imposed after Herzer pleaded guilty to attempted possession of marijuana with intent to distribute. Herzer argues that the district court improperly determined that the amount of marijuana in question was thirteen pounds instead of ten pounds, a difference that would reduce his sentence under the Sentencing Guidelines. Herzer also argues that the district court violated Federal Rule of…