United States v. Dana Depew

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dana DEPEW, Defendant-Appellant. No. 92-10443. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1993. * Decided June 17, 1993. Before: GOODWIN, NORRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Dana Depew appeals his sentence imposed after a guilty plea to one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Depew argues that he was improperly classified as a career offender pursuant to U.S.S.G. § 4B1.1. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate Depew's sentence and remand for resentencing. 3 We review de novo the district court's interpretation and application of the Sentencing Guidelines. United States v. Howard, 894 F.2d 1085, 1087 (9th Cir.1990). To be eligible for sentencing as a career offender, a defendant must meet three requirements: (1) he must…