United States v. Ted Richard Wizlo

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ted Richard WIZLO, Defendant-Appellant. No. 94-50177. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1995. Decided April 25, 1995. 1 Before: BEEZER and NOONAN, Circuit Judges, and EZRA, District Judge. * 2 MEMORANDUM ** 3 Ted Richard Wizlo appeals his sentence under the Sentencing Guidelines following a guilty plea to conspiracy to distribute lysergic acid diethylamide ("LSD") in violation of 21 U.S.C. Secs. 846 and 841(a)(1). Wizlo contends that the district court erred in calculating his base offense level and his criminal history score. The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 , and we have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 . We affirm. 4 * Wizlo contends that the district court erred in counting the Berkeley gram in calculating his base offense level. Wizlo argues that…