Unpublished Disposition, 907 F.2d 155 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 907 F.2d 155 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Lonnie Lee BAKER, Defendant-Appellant.

No. 89-30179.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 6, 1990.Decided June 26, 1990.

Before SCHROEDER, WILLIAM A. NORRIS and WIGGINS, Circuit Judges.


MEMORANDUM* 

Lonnie Lee Baker appeals his sentence, following a guilty plea, for distribution of 500 grams or more of cocaine and being a felon in possession of firearms in violation of 21 U.S.C. §§ 841(b) (1) (B) (ii) (11) and 992(g) (1). The only issue raised is whether the district court correctly computed his offense level by including quantities of drugs involved in counts of which he was neither charged nor convicted. He relies upon United States v. Restrepo, 883 F.2d 781 (9th Cir. 1989), withdrawn and reh'g granted, 896 F.2d 1228 (9th Cir. 1990), refiled as modified, No. 88-3207, slip op. 4491 (9th Cir. May 8, 1990). The Opinion on which he relies is therefore no longer the law of this circuit, and under law which now controls the district court was not required to sentence solely on the basis of the amount involved in the distribution count of which he was convicted.

AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3