United States v. Patrick Thomas

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick THOMAS, Defendant-Appellant. No. 92-30373. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 16, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Patrick Thomas appeals his 63-month sentence, imposed following a guilty plea, for conspiracy to possess with intent to distribute and distribution of lysergic acid diethylamide (LSD) in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Thomas contends that the district court erred by refusing to (1) enforce the plea agreement and strike from the presentence report (PSR) information obtained from Thomas during his debriefing by the government, (2) order sentencing before a different judge following its review of the debriefing information in the PSR, and (3) grant Thomas a downward adjustment for being a minor or minimal participant pursuant to…