UNITED STATES v. GARCIA

No. 84-1275.

771 F.2d 1369 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo GARCIA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1985.


Attorney(s) appearing for the Case

Donald B. Ayer, Nancy L. Simpson, Sacramento, Cal., for plaintiff-appellee.

Gerald Singer, Sacramento, Cal., for defendant-appellant.

Before MERRILL, TANG, and FLETCHER, Circuit Judges.


MERRILL, Circuit Judge:

Pursuant to 28 U.S.C. § 1291 (1982), Reynaldo Garcia appeals the revocation of his probation, arguing that the district court relied upon invalid evidence.

I

On April 4, 1983, Garcia was sentenced by the United States District Court for the Eastern District of California to fifteen years in prison for violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d) (1982). The execution...

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