United States v. Leaman A. (Rusty) Clarke

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leaman A. (Rusty) CLARKE, Defendant-Appellant. No. 95-30073. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Jan. 9, 1996. Before: CHOY, SNEED, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Leaman A. (Rusty) Clarke appeals his conviction following a guilty plea to one count of knowingly or intentionally manufacturing marijuana. We affirm. Factual and Procedural Background 3 On September 15, 1994, the United States charged Clarke with one count of knowingly or intentionally manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (Count I), and sought forfeiture of any and all property used to commit or facilitate the commission of the drug offense under 21 U.S.C. Sec. 853 (Count II). This property included two lots within the Magic Village subdivision ("the property"). 4 On November 17, 1994, Clarke agreed to plead guilty to…