United States v. Adalberto Flores-Vasquez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Adalberto FLORES-VASQUEZ, Defendant-Appellant. No. 92-50509. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 2, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Adalberto Flores-Vasquez appeals his sentence to fifteen months' imprisonment upon his conviction of importation and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), 952, 960. The district court determined the base level for Appellant's offense to be 18, based upon a quantity of marijuana greater than 20 kilograms but less than 40 kilograms, under Sentencing Guideline 2D1.1(c)(13). The issue presented is whether the district court erred in finding the quantity of drugs involved in the offense to be nearly 36 kilograms of marijuana, when the government produced only 1.3 kilograms at trial. We…