United States v. Ralph Anthony Upshaw

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Memorandum Filed July 13, 1993. Order Filed Dec. 8, 1993. Decided Dec. 8, 1993. Before: LAY, * HUG, and SCHROEDER, Circuit Judges. 1 The panel has voted to deny the petition for rehearing. The memorandum disposition filed July 13, 1993, is withdrawn. 2 MEMORANDUM * 3 Ralph Anthony Upshaw appeals from his 203-month sentence for manufacturing methamphetamine. 1 We previously considered and upheld Upshaw's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). 4 Upshaw now urges that on remand the sentencing judge failed to apply a new case, United States v.…