United States v. Patrick Joseph Giles

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick Joseph GILES, Defendant-Appellant. No. 92-50303. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1993. * Decided March 24, 1993. Before SCHROEDER, DAVID R. THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Patrick Joseph Giles appeals his sentence under the Sentencing Guidelines following his guilty plea to conspiracy to manufacture, to aid and abet the manufacture of, and to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 ; manufacture of and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Giles contends the district court erred by upholding the government's "arbitrary" refusal to file a section 5K1.1 motion and by not specifically enforcing the…