United States v. Glendon Forbes Christian Martensen Jeffrey Penkala

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Glendon FORBES; Christian Martensen; Jeffrey Penkala, Defendants-Appellees. No. 94-10119. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals the sentences of Glendon Forbes, Christian Martensen, and Jeffrey Penkala imposed following Forbes's guilty plea to conspiring to possess with the intent to distribute lysergic acid diethylamide (LSD), in violation of 21 U.S.C. Secs. 846 , 841(a)(1), and Forbes's, Martensen's, and Penkala's guilty pleas to possessing with the intent to distribute LSD, in violation of 21 U.S.C. Sec. 841 (a)(1). The government contends that the district court erred by failing to calculate the appellees' mandatory minimum sentences based upon the actual weight of the LSD and blotter paper…