United States v. Bardo Thing

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bardo THING, Defendant-Appellant. No. 92-50582. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 13, 1993. Before: BROWNING, KOZINSKI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Bardo Thing appeals from his 70-month sentence, imposed following a guilty plea, for distribution of phencyclidine (PCP) in violation of 21 U.S.C. § 841 (a). Thing contends that the district court erred by (1) calculating his base offense level by considering evidence of the amount of liquid PCP he actually negotiated and distributed rather than the amount later measured by the police chemist; (2) admitting unreliable evidence; and (3) failing to give notice of its intent to depart from the Sentencing Guidelines range recommended in the presentence report (PSR). We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo…