United States v. Kenneth Bob Kaercher

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Bob KAERCHER, Defendant-Appellant. No. 92-10502. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Bob Kaercher appeals his 60-month sentence imposed following a guilty plea to conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Kaercher contends that the district court erred by failing to resolve disputed factual matters in the presentence report (PSR) as required by Fed.R.Crim.P. 32. 3 Rule 32 requires the district court to make factual findings regarding any disputed issue or to make a determination no such finding is necessary because it will not take the controverted matter into account at sentencing. Fed.R.Crim.P. 32. The court must make these findings on the record at the…