United States v. Joseph Burke, United States of America v. Salvador Romero

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph BURKE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Salvador ROMERO, Defendant-Appellant. Nos. 93-50300, 93-50318. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1994. * Decided March 28, 1994. 1 Before: PREGERSON, O'SCANNLAIN and FERNANDEZ, Circuit Judges 2 Joseph Burke appeals his jury conviction, and Salvador Romero appeals his sentence under the Sentencing Guidelines. Both were prosecuted for possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1) and use of a firearm in connection with a drug trafficking crime in violation of 18 U.S.C. Sec. 924 (c). Burke contends that the evidence was insufficient to sustain his convictions. Romero argues that he should have been sentenced pursuant to 21 U.S.C. Sec. 841 (b)(1)(A) rather than 21 U.S.C. Sec. 841 (b)(1)(B), and claims the…