United States v. Floyd Daverlin Osborne

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Floyd Daverlin OSBORNE, Defendant-Appellant. No. 94-50546. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1995. Decided May 1, 1996. Before: BROWNING, NORRIS, REINHARDT Circuit Judges. MEMORANDUM * OVERVIEW Law enforcement officers saw Floyd Osborne, a twenty-year old with no criminal record, carrying chemicals into a residential garage housing a laboratory with the immediate potential of manufacturing 43 kilograms of PCP. A jury convicted him of: (1) conspiracy to manufacture PCP, 21 U.S.C. § 846 ; (2) possession of PCC with intent to manufacture PCP, 21 U.S.C. § 841 (a)(1); and (3) attempt to manufacture PCP, 21 U.S.C. § 846 and § 841(a)(1). Osborne was sentenced to 235 months based on the lab's immediate manufacturing capacity. On appeal, Osborne challenges both his conviction and the sentence. We affirm the…