United States v. James Carl Dendy

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Carl DENDY, Defendant-Appellant. No. 92-10380. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1993. Decided May 25, 1993. Before REINHARDT, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 James Carl Dendy appeals his conviction and sentence for manufacture of and possession with intent to distribute marijuana plants, in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to commit these offenses, in violation of 21 U.S.C. § 846 . He argues that the district court improperly admitted a coconspirator's diary against him, that the jury instructions regarding the diary were improper, and that the district court incorrectly determined that two prior convictions were not related for sentencing purposes. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm Dendy's conviction, vacate…