United States v. Gary A. Hershkowitz

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary A. HERSHKOWITZ, Defendant-Appellant. No. 93-30284. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 10, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gary A. Hershkowitz appeals his sentence for possession of marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 846 . We affirm. 3 Hershkowitz pleaded guilty. At the sentencing hearing, the following colloquy occurred: 4 THE COURT: And Mr. Olson, you have had a copy of the presentence? 5 MR. OLSON [defense counsel]: I have your honor, and I have had-- 6 THE COURT: You have gone over it? 7 MR. OLSON: Yes, we have. 8 THE COURT: Any additions? 9 MR. OLSON: No, sir. 10 THE COURT: All right. Is there any legal reason why sentence should not be pronounced? 11 MR. OLSON: No, sir. 12 THE COURT: Mr. Hershkowitz, do you know of any? 13 THE…