United States v. Surinder Singh Mann

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Surinder Singh MANN, Defendant-Appellant. No. 92-30473. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 9, 1993. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Surinder Singh Mann was convicted by a jury of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 , and possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 . This timely appeal followed. Mann argues that the district court erred in admitting evidence of his prior possession of cocaine. He also argues that during the sentencing hearing, the court improperly considered out-of-court statements made by a codefendant who refused to testify. Finally, Mann argues that the district court improperly considered ten additional kilograms of cocaine as "relevant conduct" when calculating his base offense level.…