United States v. William Sherry Wallette

94 F.3d 654 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Sherry WALLETTE, Defendant-Appellant. No. 95-30201. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided Aug. 16, 1996. 1 Before: FLETCHER, NOONAN and RYMER, Circuit Judges 2 MEMORANDUM * 3 William Sherry Wallette appeals his conviction and sentence for possession with the intent to distribute methamphetamine and marijuana in violation of 21 U.S.C. § 841 (a)(1). Specifically Wallette objects that the district court erred in denying his pretrial motion to reopen a suppression hearing and in determining the length of his sentence. We AFFIRM the district court. FACTS 4 Around 4:30 p.m. on Sunday, March 27, 1994, William Sherry Wallette was inside the Town Pump in Wolf Point, Montana, on the Fort Peck Indian Reservation. Deputy Michael Matthews, an off-duty officer with the Roosevelt County Sheriff's Department who had…