United States v. Mihai Popescu

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mihai POPESCU, Defendant-Appellant. No. 94-10063. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Nov. 16, 1994. 1 Before: SCHROEDER and RYMER, Circuit Judges, and DWYER, District Judge * . 2 MEMORANDUM ** 3 Mihai Popescu appeals his conviction and sentence following his guilty plea to one count of shipping unapproved drugs and aiding and abetting, 21 U.S.C. Secs. 331 (d), 333(a)(2), and 18 U.S.C. Sec. 2 (a), and one count of smuggling merchandise and aiding and abetting, 18 U.S.C. Sec. 545 and 18 U.S.C. Sec. 2 (a). Popescu contends that the district court lacked jurisdiction because the indictment was not returned in open court. He argues also that the sentence should be vacated because the district court erred in determining relevant conduct pursuant to United States Sentencing Guidelines Sec. 1B1.3, and in applying a…