United States v. Glen Werhan

29 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Glen WERHAN, Defendant-Appellant. No. 93-30397. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 22, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Glen Werhan appeals his sentence under the Sentencing Guidelines imposed following his conviction by guilty plea to cultivating marijuana plants, in violation of 21 U.S.C. Sec. 841 (a)(1). Werhan argues that the district court erroneously concluded that it lacked authority to depart downward from the prescribed sentencing range of 37 to 46. Because the district court also indicated that it would not have departed, even if it had the authority to do so, we have no jurisdiction to review Werhan's sentence. 3 * On January 18, 1993, police officers from Spokane arrested Werhan for growing 89 marijuana plants at his residence. Werhan pleaded guilty on July…