United States v. Roy Patrick Cook

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roy Patrick COOK, Defendant-Appellant. No. 92-10318. Ninth Circuit. Feb. 24, 1993. Appeal from the United States District Court for the Eastern District of California; No. CR-89-00152-EDP, Edward D. Price, District Judge, Presiding. E.D.Cal. [APPEAL AFTER REMAND FROM 938 F.2d 149 .] AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Roy Cook appeals his sentence for possession of ephedrine with the intent to manufacture methamphetamine in violation of 21 U.S.C. § 841 (a)(1). In a previous appeal, we remanded for resentencing because the district court had erroneously believed that it lacked discretion to depart downward from the Guidelines. United States v. Cook, 938 F.2d 149 (9th Cir.1991). Cook argues that the district court's failure to depart downward on resentencing indicated a continued refusal to exercise its discretion. 3…