United States v. Dennis Lee Lipper

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Lee LIPPER, Defendant-Appellant. No. 93-50056. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 15, 1993. Before: FLETCHER, PREGERSON and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Lipper appeals the sentence imposed on remand from the Ninth Circuit on the grounds that the district court should have applied the Sentencing Guidelines in effect at the time of resentencing. Because we remanded the case for resentencing only to correct a technical error, we affirm. FACTS 3 Appellant Dennis Lee Lipper was charged in a five-count indictment filed August 16, 1988. Count Two charged Lipper with possession with intent to distribute approximately 2,400 pounds of hashish in violation of 21 U.S.C. Sec. 841 (a)(1), and Count Five charged Lipper with possession of a firearm by a convicted felon under 18 U.S.C. Secs. 922 (a)(1)…