United States v. Gabriel Lopez-Robles

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel LOPEZ-ROBLES, Defendant-Appellant. No. 94-10194. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Lopez-Robles appeals his 78-month sentence imposed following entry of a guilty plea to possessing marijuana with intent to distribute. Lopez-Robles challenges (a) the weight of the marijuana, (b) the firearm adjustment, (c) the denial of a mitigating role adjustment, (d) the obstruction of justice adjustment, (e) the disparity of his sentence, and (f) the denial of a downward departure. We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate the sentence and remand for resentencing. 3 We review the factual findings underlying a sentence for clear error. United States v. Buenrostro-Torres, 24 F.3d 1173, 1174 (9th Cir.1994) (per…