United States v. John M. Yarbro

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John M. YARBRO, Defendant-Appellant. No. 93-30217. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 20, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 John M. Yarbro appeals his 30-month sentence imposed following his guilty pleas to manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1), and being a fugitive in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g). Yarbro contends that the district court erroneously calculated his base offense level by relying, in part, on the Guidelines' treatment of each marijuana plant as the equivalent of one kilogram of marijuana where fewer than fifty plants are cultivated, rather than the actual weight of each plant. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Here, the presentence report indicated that 25 live…