United States v. Mark Eugene Stultz

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Eugene STULTZ, Defendant-Appellant. No. 92-10216. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 18, 1992. Decided March 12, 1993. Appeal from the United States District Court for the Eastern District of California, No. CR-88-00350-WBS; William B. Shubb, District Judge, Presiding. E.D.Cal. [APPEAL AFTER REMAND FROM 928 F.2d 409 ]. AFFIRMED. Before HUG, PREGERSON and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Mark Eugene Stultz was convicted of manufacturing methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and sentenced to 121 months under the Sentencing Guidelines by United States District Judge Raul A. Ramirez. Stultz appealed this sentence, arguing that the district court had improperly added points to his base offense level for possession of a weapon. We agreed and remanded the case for an evidentiary hearing. United…