United States v. Miles G. Ramsey, United States of America v. Miles G. Ramsey

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miles G. RAMSEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Miles G. RAMSEY, Defendant-Appellee. Nos. 93-30370, 93-30409. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1995. Decided April 24, 1995. Before: SKOPIL, HALL, and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Miles Ramsey was convicted after a jury trial of conspiracy to manufacture marijuana and conspiracy to distribute marijuana, both in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. He appeals from his conviction and sentence on several grounds, and the United States cross-appeals from the sentence imposed by the district court. We have jurisdiction over both appeals. We hereby affirm Ramsey's conviction but vacate his sentence and remand for resentencing, because we agree with the government that the district court erred as a matter of law in…