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U.S. v. PEMBERTON

No. 89-10341.

904 F.2d 515 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Scott PEMBERTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Victor M. Chavez, Asst. Federal Defender, Fresno, Cal., for defendant-appellant.

Carl Blackstone, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before SCHROEDER and CANBY, Circuit Judges, and REA, District Judge.

CANBY, Circuit Judge:

Kenneth Scott Pemberton appeals from the 21-month prison sentence he received after his conviction for receiving stolen property, in violation of 18 U.S.C. § 662. He claims that the district court applied an erroneous measure of the value of the stolen goods, and therefore wrongly enhanced his offense level. We affirm.

FACTS

A jury convicted Pemberton of receiving property that had been stolen from Paul Comstock, a landscape...

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