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U.S. v. RESTREPO

No. 88-3207.

883 F.2d 781 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Dario RESTREPO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1989.

Attorney(s) appearing for the Case

Ted J. Stepovich, Fairbanks, Alaska, for defendant-appellant.

Stephen Cooper, Asst. U.S. Atty., Fairbanks, Alaska, for plaintiff-appellee.

Before PREGERSON, BOOCHEVER and NOONAN, Circuit Judges.

PREGERSON, Circuit Judge:

Dario Restrepo appeals his forty-six month prison sentence imposed after he was convicted of two counts of distribution of cocaine. The appeal presents the following question concerning the interpretation of the new Sentencing Guidelines1 ("Guidelines"): In sentencing Restrepo, did the district court err in construing the Guidelines' Multiple Counts section (Chapter Three, Part D) to apply to conduct that did...

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