United States v. Daniel Valentino Badaracco

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel Valentino BADARACCO, Defendant-Appellant. No. 93-30028. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1994. Decided Feb. 10, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM ** 3 Appellant Daniel Valentino Badaracco appeals his jury conviction and sentence under the Sentencing Guidelines for multiple counts of conspiracy, possession, distribution, attempted manufacture and manufacture of methamphetamine in violation of 21 U.S.C. Secs. 841 (a)(1) and 846 and 18 U.S.C. Sec. 2 , and use of a firearm in a drug trafficking crime in violation of 18 U.S.C. Sec. 924 (c)(1) and (2). Appellant challenges the sufficiency of the affidavit supporting the search warrant, and the trial court's calculation of relevant conduct in setting his offense severity level under the guidelines. We affirm in part…