United States v. Rolando Madriz Ortiz

988 F.2d 124 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rolando Madriz ORTIZ, Defendant-Appellant. No. 91-50708. United States Court of Appeals, Ninth Circuit. Submitted March 5, 1993. * Decided March 9, 1993. Appeal from the United States District Court For the Central District of California; No. CR-91-0013-GLT-01, Gary L. Taylor, District Judge, Presiding. C.D.Cal., 783 F.Supp. 507 . AFFIRMED. Before D.W. NELSON, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Rolando Madriz Ortiz pleaded guilty to possessing heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (1976). Ortiz appeals his conviction, arguing that the district court erred by denying him a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). Ortiz also appeals his sentence, arguing that the district court erred by sentencing him based upon an incorrect base offense level and by not giving him a two-point reduction for…