United States v. Eric S. Cosky

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric S. COSKY, Defendant-Appellant. No. 94-50377. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1995. * Decided July 19, 1995. 1 Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, ** District Judge. 2 MEMORANDUM *** 3 Eric Cosky appeals the sentence imposed upon him pursuant to the Sentencing Guidelines following his jury conviction for conspiring to manufacture methamphetamine and manufacturing methamphetamine. We affirm. 4 * Cosky argues that the district court erred in calculating his base offense level. Cosky contends first that the district court should not have relied upon the total volume -- in this case, six kilograms -- of the liquid mixture containing methamphetamine in setting his base offense level. To support his contention, Cosky points to Application Note 1 of section 2D1.1 of the Guidelines, which provides that "[m]ixture or…