United States v. Duane A. McWoods

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Duane A. McWOODS, Defendant-Appellant. No. 94-30007. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 11, 1995. * Decided: Jan. 30, 1995. Before: PREGERSON and TROTT, Circuit Judges, and Fitzgerald, ** District Judge. MEMORANDUM *** Duane A. McWoods appeals his sentence imposed under the Sentencing Guidelines following his guilty plea for possession with intent to distribute cocaine base in violation of 21 U.S.C. Sec. 841 (a)(1). We have jurisdiction over this timely appeal under 18 U.S.C. Sec. 3742 (a) and 28 U.S.C. Sec. 1291 . We affirm. I. BACKGROUND On September 27, 1993, McWoods pled guilty to two counts of unlawful distribution of a controlled substance, 21 U.S.C. Sec. 841 (a)(1), in federal district court. Following his guilty plea, the Probation Office filed a presentence investigation report (PSR) which found that McWoods' criminal history…