United States v. Daryl Lynn Hooper

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daryl Lynn HOOPER, Defendant-Appellant. No. 94-50381. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Nov. 17, 1995. Before: FARRIS, BRUNETTI, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Daryl Lynn Hooper appeals the ninety-seven month prison sentence imposed by the district court. He pled guilty to conspiracy, in violation of 21 U.S.C. Sec. 846 , to distribute in excess of 100 grams of methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). Appellant was involved in a conspiracy that traded methamphetamine for ephedrine. He alleges that the district court erred in applying U.S.S.G. Sec. 2D1.1, instead of U.S.S.G. Sec. 2D1.11. He timely appeals. 3 The district court's interpretation and application of the Sentencing Guidelines are reviewed de novo. United States v. Buenrostro-Torres, 24 F.3d 1173, 1174 (9th Cir.1994). This…