United States v. Robert Gary Leeson

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Gary LEESON, Defendant-Appellant. No. 92-10236. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1993. Decided April 13, 1993. Before NORRIS, HALL and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Robert Gary Leeson appeals his conviction and sentence for conspiracy, manufacture, and aiding and abetting the manufacture of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), 846, and 18 U.S.C. § 2 . He challenges the constitutionality of the directive in U.S.S.G. § 2D1.1 that each marijuana plant is treated as one kilogram of marijuana when fifty or more plants are involved, and the district court's denial of his motions to suppress evidence and for a Franks hearing. 3 We AFFIRM. BACKGROUND FACTS 4 In January 1990, Drug Enforcement Agency (DEA) agents dismantled a marijuana cultivation operation in a residence in…