United States v. Joseph Stanley Lucas, United States of America v. William L. Smasal

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Stanley LUCAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William L. SMASAL, Defendant-Appellant. Nos. 93-30237, 93-30239. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided July 14, 1994. Before: WRIGHT, WIGGINS, and THOMPSON, Circuit Judges MEMORANDUM ** Joseph Stanley Lucas and William L. Smasal appeal their sentences under the Sentencing Guidelines. Appellants pleaded guilty to one count of conspiring to manufacture and distribute methamphetamine, in violation of 21 U.S.C. Sec. 846 , and one count of manufacturing methamphetamine, in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Sec. 841 (a)(1). Lucas and Smasal argue that the district court erred by imposing a two-level upward adjustment for use of a firearm in connection with a drug offense. U.S.S.G. Sec. 2D1.1(b)(1). The Government agrees that the…