United States v. Javier Perez-Ramirez

988 F.2d 125 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier PEREZ-RAMIREZ, Defendant-Appellant. No. 92-30054. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided Feb. 25, 1993. Appeal from the United States District Court for the Eastern District of Washington, No. CR-91-2136-01-AAM: Alan A. McDonald, District Judge, Presiding. E.D.Wash. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Javier Perez-Ramirez appeals his 78-month 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. § 846 . Perez-Ramirez contends that the district court erroneously calculated his base offense level pursuant to U.S.S.G. § 2D1.4(a) by attributing to him as relevant conduct negotiations for a sale of cocaine without sufficient evidence or factual findings. We…