United States v. George Royal Stout

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George Royal STOUT, Defendant-Appellant. No. 92-10228. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Sept. 20, 1993. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 George Royal Stout appeals his conviction by guilty plea and sentence imposed under the Sentencing Guidelines, for aiding and abetting and manufacturing methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . 3 Stout pled guilty to Count One as charged in a Superseding Indictment. He claims that the Superseding Indictment was a "constructive amendment" and charged a conspiracy different from the conspiracy charged in the original indictment. By pleading guilty, Stout waived his right to challenge the indictment. See United States v. Cortez, 973 F.2d 764, 766-67 (9th Cir.1992); United States v. Montilla, 870 F.2d 549,…