United States v. Humberto Nunez-Garcia

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Humberto NUNEZ-GARCIA, Defendant-Appellant. No. 92-50008. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Humberto Nunez-Garcia (Nunez) appeals from his sentence under the United States Sentencing Guidelines following entry of a guilty plea to conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and possession of an unregistered firearm in violation of 26 U.S.C. § 5861 . Nunez contends that the district court erred by basing his offense level on the negotiated quantity of cocaine, rather than the amount actually confiscated from him and his co-conspirators. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review the legality of a sentence de novo. United States v. Molina,…