United States v. David K. Johnston

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David K. JOHNSTON, Defendant-Appellant. No. 94-10321. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1994. * Decided Dec. 6, 1994. Before: GOODWIN, FARRIS, and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 David Keith Johnston was sentenced pursuant to a plea bargain to 137 months in custody following his guilty plea to one count of a four count indictment arising out of his flying a plane load of marijuana from Mexico to Arizona. The government successfully appealed the original sentence on the ground that the trial court had refused to treat two prior marijuana convictions as a basis for classifying Johnston as a career offender under Sentencing Guideline 4B1.2, and the case was remanded for resentencing. (C.A. No. 91-10291, unpublished memorandum decision dated August 24, 1994.) 3 On remand the court adopted the presentence report calculation of…