United States v. Daryl Pearson

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daryl PEARSON, Defendant-Appellant. No. 94-30030. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. * Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Daryl Pearson appeals the 64-month sentence imposed following his entry of a guilty plea to manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Pearson contends that the district court erroneously set his base offense level by determining that 86 marijuana plants that he possessed equaled 86 kilograms of marijuana, pursuant to U.S.S.G. Sec. 2D1.1. We affirm. 3 * Jurisdiction 4 The government contends, without citing any authority, that we lack jurisdiction over this appeal because the district court announced its intention at sentencing to grant a motion brought pursuant to Fed.R.Crim.P. 35(b) and reduce Pearson's sentence at…