United States v. Michael Sharp

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael SHARP, Defendant-Appellant. No. 93-30360. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 17, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Sharp appeals his 33-month sentence imposed following entry of a guilty plea to unlawful use of a communication device in violation of 21 U.S.C. Sec. 843 (b). Sharp contends the district court erred by (1) finding that he was responsible under U.S.S.G. Sec. 1B1.3 for drug transactions totalling eight ounces of cocaine and (2) adjusting upward his offense level pursuant to U.S.S.G. Sec. 3B1.1 for being a manager or organizer. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and vacate and remand in part. 3 * Drug Quantity 4 Sharp contends the district court erred by holding him responsible for the distribution of eight…