United States v. Dean Moyer

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dean MOYER, Defendant-Appellant. No. 91-50634. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. MEMORANDUM ** Before: HUG, WIGGINS and THOMPSON, Circuit Judges. 1 Dean Moyer appeals his 121-month sentence imposed following entry of a guilty plea to manufacturing methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Moyer contends that the law-enforcement officers' preservation of only a small sample of the seized mixture, rather than the entire mixture, prejudiced his ability to prove a lower purity of methamphetamine in the mixture. Moyer also contends that the district court erred by sentencing him for manufacturing pure methamphetamine when the indictment only charged him with manufacturing a mixture containing methamphetamine. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 2 * Destruction…