United States v. Kenneth Lee Beaty

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Lee BEATY, Defendant-Appellant. No. 92-30087. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 7, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Lee Beaty appeals his 70-month sentence under the United States Sentencing Guidelines following his guilty plea to manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1) and possessing an unregistered short-barreled shotgun in violation of 21 U.S.C. §§ 5861 (d) and 5871. Beaty contends that the district court erred by adjusting his offense level upward two points for possession of a firearm pursuant to U.S.S.G. § 2D1.1(b)(1). We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo application of the Sentencing Guidelines. United States v. Stewart, 926 F.2d 899, 900…