United States v. David Jon McNelly

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Jon McNELLY, Defendant-Appellant. No. 94-10526. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 David Jon McNelly appeals his 84-month sentence imposed following his guilty plea to possession with intent to distribute 73 tons of hashish, in violation of 46 U.S.C. Sec. 1903 , 21 U.S.C. Sec. 960 (b)(1)(G), and 18 U.S.C. Sec. 2 . McNelly contends the district court erred by finding that he was a manager or supervisor in the criminal activity. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's finding for clear error. United States v. Lingenfelter, 997 F.2d 632, 641 (9th Cir.1993). The Sentencing Guidelines provide for a three-level upward adjustment "[i]f the defendant was a manager or supervisor…