United States v. Francisco J. Garibay

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco J. GARIBAY, Defendant-Appellant. No. 95-30193. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided April 5, 1996. Before: FLETCHER, JOHN T. NOONAN, Jr., and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Francisco Javier Garibay pleaded guilty as charged to distributing methamphetamine in violation of 21 U.S.C. § 841 (a)(1). He now challenges his sentence. We affirm. FACTS AND PROCEEDINGS 3 On October 28, 1994, Garibay sold several ounces of methamphetamine to a confidential informant in Wenatchee, Washington. Garibay was arrested after being stopped in his car with his wife and four children. On November 8, 1994, Garibay was indicted on one count of distributing over 100 grams of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). On February 16, 1995, Garibay pleaded guilty to the charge. 4 On May 10, 1995,…