United States v. Kenneth Joel Novak, United States of America v. Christopher Ray Wittman

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Joel NOVAK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Christopher Ray WITTMAN, Defendant-Appellant. No. 95-10324, 95-10333. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1996. Decided Oct. 15, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges, and HUFF, District Judge * . 2 MEMORANDUM ** 3 Kenneth Novak and Christopher Wittman appeal following their convictions in a joint jury trial on one count of conspiring to manufacture methamphetamine and P2P, arguing, inter alia, that the district court improperly calculated their offense levels under the Sentencing Guidelines. We reject their contentions and affirm. 4 * At Novak's bail review hearing, the prosecuting attorney mistakenly conceded that what the government had thought was a substantial amount of P2P at the lab site turned out to be merely…