United States v. Alan Lawrence Shelby

Good Law
990 F.2d 1265·1993 WL 113808·1993 U.S. App. LEXIS 14087
United States Court of Appeals for the Ninth CircuitApril 13, 199392-30348California769 words

Opinion

Opinion

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alan Lawrence SHELBY, Defendant-Appellant. No. 92-30348. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 13, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Alan Lawrence Shelby appeals his 248-month sentence imposed after guilty pleas to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 846 and using and carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c). Shelby contends that the district court erroneously calculated the amount of methamphetamine producible by the drug laboratory. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review for clear error the district court's factual findings regarding the capability of a drug operation. United States v. Williams, Nos. 91-30298, 91-30299 slip op.…

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