United States v. Mark Allen Domitrovich

85 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Allen DOMITROVICH, Defendant-Appellant. No. 95-35680. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1996. * Decided May 15, 1996. Before: LAY, ** CHOY and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Mark Allen Domitrovich appeals the denial of his motion to vacate his sentence under 28 U.S.C. § 2255 . On October 27, 1993, United States Drug Enforcement Administration ("DEA") agents executed a federal search warrant at 7703 Scotia Road, Newport, Washington, the residence of Domitrovich. The search revealed a large marijuana grow operation. On December 14, 1993, a superseding indictment was returned charging Domitrovich with manufacture of marijuana, in violation of 21 U.S.C. § 841 (a)(1); forfeiture of the subject property, pursuant to 21 U.S.C. § 853 ; possession with intent to distribute marijuana, in violation of 21 U.S.C.…