United States v. Patrick McCord and Carlos McCord

99 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick McCORD and Carlos McCord, Defendants-Appellants. Nos. 95-50152, 95-50154. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1996. Decided Sept. 30, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** 3 Carlos McCord ("Carlos") and Patrick McCord ("Patrick") appeal their jury convictions and sentences for conspiracy to distribute and to possess with intent to distribute methamphetamine, 21 U.S.C. §§ 846 & 841(a)(1), and possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1). We affirm the convictions, but vacate the sentences and remand for resentencing. I. 4 Prior to trial, Patrick moved to exclude his prior 1991 state court conviction of possession of methamphetamine for sale. Patrick argued that the quantity of drugs in the prior…