United States v. Larry Gulley, Defedant-Appellant

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 GULLEY, Defedant-Appellant No. 93-10693. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1994. * Decided Nov. 17, 1994. As Amended on Denial of Rehearing Jan. 13, 1995. 1 Before: ALARCON and HALL, Circuit Judges, and KING, District Judge ** . 2 MEMORANDUM *** 3 Larry Gulley pleaded guilty to one count of conspiring to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 846 . He was sentenced to 180 months imprisonment. The only issues involved in this appeal relate to Gulley's sentence. 4 Gulley has two prior state court convictions for narcotics offenses, one in 1986 for possession of marijuana, and the other in 1989 for attempted sale of crack cocaine. Prior to sentencing in the present case, the United States filed an information pursuant to 21 U.S.C. Sec. 851 (a), alleging only the 1989 conviction. Gulley was…