United States v. Steven Richard Penn

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven Richard PENN, Defendant-Appellant. No. 94-50268. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1994. Submission Withdrawn Dec. 9, 1994. Resubmitted Feb. 28, 1995. Decided Feb. 28, 1995. Before: SCHROEDER, FLETCHER, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Steven Richard Penn appeals the district court's imposition of a mandatory minimum sentence of five years imprisonment under 21 U.S.C. Sec. 841 (b)(1)(B)(v) for distributing more than one but less than ten grams of lysergic acid diethylamide ("LSD"). He maintains that a recent amendment to the U.S. Sentencing Guidelines altered the means of calculating the weight of LSD for purposes of applying the statutory minimum sentence. We have jurisdiction and review de novo. See United States v. Blaize, 959 F.2d 850, 851 (9th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 2954…