United States v. David Neel Scholz

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Neel SCHOLZ, Defendant-Appellant. No. 95-10540. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided July 19, 1996. Before: WOOD, * CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 David Neel Scholz appeals from his guilty plea conviction for conspiracy to manufacture and possess with intent to distribute more than 1,000 marijuana plants in violation of 21 U.S.C. §§ 846 , 841(a)(1) & (b)(1)(A)(vii), and maintaining a place for manufacturing and distributing marijuana, in violation of 21 U.S.C. § 856 (a)(1). Scholz contends that the district court erred in denying his motion to dismiss on the grounds that (1) the government violated the terms of a plea agreement granting him immunity; (2) the government conducted a vindictive prosecution; and (3) his federal prosecution following a conviction in state…