United States v. Ralph Anthony Upshaw

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ralph Anthony UPSHAW, Defendant-Appellant. No. 92-10295. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1993. Decided July 13, 1993. Before LAY, * HUG, SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Anthony Upshaw appeals from his 203-month sentence for manufacturing methamphetamine. 1 We previously considered and upheld Upshaw's sentence, but we vacated and remanded for an explanation of why the trial court sentenced in the middle of the applicable guidelines range. United States v. Upshaw, 918 F.2d 789 (9th Cir.1990), cert. denied, 111 S.Ct. 1335 (1991). 3 Upshaw now urges that on remand the sentencing judge failed to apply a new case, United States v. Gonzalez-Sanchez, 953 F.2d 1184 (9th Cir.1992), which he claims undermines the trial judge's original calculation of the amount of drugs. We disagree with Upshaw's contention that…