United States v. Daniel Carmichael, United States of America v. Donovan C. Davis

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel CARMICHAEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donovan C. DAVIS, Defendant-Appellant. Nos. 91-30351, 91-30430. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1992. Decided March 25, 1993. Before: WALLACE, Chief Judge, and WRIGHT, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellants Donovan C. Davis and Daniel Carmichael were charged in a two count indictment with conspiracy to distribute (Count I) and attempted manufacture of and aiding and abetting the manufacture of (Count II) 280 grams "of a mixture and substance containing methamphetamine" in violation of 21 U.S.C. §§ 841 (a)(1) and 846 and 18 U.S.C. § 2 . Davis appeals the district court's denial of his motion to withdraw his guilty plea and its refusal to grant a downward departure sua sponte. Carmichael appeals his…