United States v. Teodoro Dayyo Sumabat, Aka, Theodore Dayyo Sumabat & Teodoro Dayyo Summabat

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Teodoro Dayyo SUMABAT, aka, Theodore Dayyo Sumabat & Teodoro Dayyo Summabat, Defendant-Appellant. No. 94-50471. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Nov. 17, 1995. Before: FARRIS, BRUNETTI, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Teodoro Dayyo Sumabat appeals his sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). The second superseding indictment charged Sumabat with five counts: distribution of methamphetamine, in violation of 21 U.S.C. Sec. 841 (a)(1) (count one); possession with intent to distribute methamphetamine, in violation of 21 U.S.C. Sec. 841 (a)(1) (counts two, three, and five); and attempt to possess with intent to distribute methamphetamine (count four). On the first day of trial, the government dismissed the first four counts on the…