United States v. Daryl J. Scheffer

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daryl J. SCHEFFER, Defendant-Appellant. No. 93-30346. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1994. Decided May 12, 1994. Before: SCHROEDER, BOOCHEVER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Daryl J. Scheffer pled guilty to one count of manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1) (1988). He appeals, alleging errors by the district court in denying him a hearing on his motion to suppress and in sentencing. We affirm. I. The Motion to Suppress 3 Scheffer claims the district court erred in denying, without an evidentiary hearing, his motion to suppress the marijuana and other evidence seized during the search of his home. Because he did not expressly preserve his right to appeal from the district court's order denying his motion to suppress, and because his claim does not implicate the district court's…