United States v. Larry Kenneth Gardner

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry Kenneth GARDNER, Defendant-Appellant. No. 93-30304. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1994. Decided July 27, 1994. 1 Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, * District Judge. 2 MEMORANDUM ** 3 Larry Kenneth Gardner appeals his conviction and sentence following entry of a conditional guilty plea to one count of manufacturing over 100 marijuana plants, in violation of 21 U.S.C. Sec. 841 (b)(1)(B)(vii). Gardner claims that the district court erred: (1) in denying his motion to suppress evidence; (2) in refusing his request for an evidentiary hearing; and (3) in enhancing his base offense level by two levels for possessing a firearm in the commission of a drug offense. We affirm. I. 4 The Portland Police obtained a search warrant authorizing the search of Gardner's residence located at 23172 S. Reid Road.…