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U.S. v. RIGBY

No. 89-50264.

896 F.2d 392 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Xavier RIGBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Debra Ann DiIorio, Federal Public Defender, San Diego, Cal., for defendant-appellant.

Roger W. Haines, Asst. U.S. Atty., argued; Judith S. Feigin, Asst. U.S. Atty., on the brief; San Diego, Cal., for plaintiff-appellee.

Before SCHROEDER, FARRIS and NOONAN, Circuit Judges.

SCHROEDER, Circuit Judge:

In this sentencing guidelines appeal, appellant Michael Xavier Rigby asks us to remand for resentencing. Rigby argues that the district court committed errors in rejecting Rigby's contention that he was entitled to a lowered base offense level as a "minor participant" in the offense. See Sentencing Guidelines § 3B1.2(b). Rigby maintains that the district court made inadequate findings concerning his role and that there should...

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