United States v. George Royal Stout

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George Royal STOUT, Defendant-Appellant. No. 94-10395. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 19, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 George Royal Stout, after remand from this court for resentencing, appeals his sentence for aiding and abetting the manufacture of methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . Stout contends that the district court erred by increasing his offense level three levels based on his managerial or supervisory role in the offense under U.S.S.G. Sec. 3B1.1(b). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's findings of fact for clear error. United States v. Smith, 924 F.2d 889, 895 (9th Cir. 1991). An enhancement under Sec. 3B1.1(b) is proper only in criminal…