United States v. Lonnie Everett

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lonnie EVERETT, Defendant-Appellant. No. 94-50016. United States Court of Appeals, Ninth Circuit. Submitted Jan. 13, 1995. * Decided Feb. 8, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Lonnie Everett appeals for the second time his jury conviction for violating 21 U.S.C. Secs. 841 (a)(1) and 846 for (1) conspiracy to possess cocaine and cocaine base with intent to distribute; (2) possession of cocaine base with intent to distribute; and (3) distribution of cocaine base. This court affirmed Everett's conviction on June 3, 1993. We remanded, however, for resentencing without using career offender provisions of the sentencing guidelines, with instructions that Everett's adjusted base offense level is to remain at level 38. 4 Everett asserts that (1) he was entrapped, (2) the trial court on resentencing failed to…