United States v. Johnny Lee Tucker

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Lee TUCKER, Defendant-Appellant. No. 93-10126. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Johnny Lee Tucker was charged with possessing cocaine base with intent to distribute and with aiding and abetting the possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Tucker pleaded guilty and the district court sentenced Tucker to 121 months imprisonment, in addition to 60 months on a related firearms charge. The 121-month term was based on the statutory minimum sentence required under 21 U.S.C. § 841 (b)(1)(A)(iii). Tucker claims that section 841(b) should not have been triggered because he did not have notice of the government's intent to seek the enhanced sentence.…