United States v. Donald Frederick Marutz

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Frederick MARUTZ, Defendant-Appellant. No. 94-10604. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1995. Decided Jan. 5, 1996. Before: WALLACE, Chief Judge, THOMPSON, Circuit Judge, and REA, * District Judge. MEMORANDUM Donald Marutz appeals from his convictions and sentence for conspiracy to manufacture methamphetamine, 21 U.S.C. §§ 846 , 841(a)(1); attempted manufacture of methamphetamine, 21 U.S.C. § 841 (a)(1); possession of a listed chemical, 21 U.S.C. § 841 (d)(2); and failure to appear, 18 U.S.C. § 3146 (a)(1). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 1291 . We vacate Marutz's sentence and remand for the limited purpose of allowing Marutz to exercise his right of allocution and resentencing.…