U.S. v. KINCAID

No. 89-30109.

898 F.2d 110 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Edward KINCAID, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 14, 1989.

Resubmitted February 26, 1990.

Decided March 16, 1990.


Attorney(s) appearing for the Case

Lynn Lincoln Sarko, Keller Rohrback, Seattle, Wash., for defendant-appellant.

Ronald J. Friedman, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WALLACE and NELSON, Circuit Judges, and WILSON, District Judge.


WALLACE, Circuit Judge:

Kincaid appeals his sentence following a guilty plea. He argues that the district court erred in applying the Sentencing Guidelines to determine the appropriate sentence. The district court had jurisdiction pursuant to 28 U.S.C. § 1330 and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm in part and vacate and remand in part.

I

Kincaid was charged with 14 counts relating to participation...

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