U.S. v. MACIAS-PEREZ

No. 89-10146.

915 F.2d 570 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MACIAS-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 14, 1989.

Resubmitted October 1, 1990.

Decided October 5, 1990.


Attorney(s) appearing for the Case

Charles M. Thomas, Mesa, Ariz., for defendant-appellant.

W. Allen Stooks, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before HALL, BRUNETTI and NOONAN, Circuit Judges.


BRUNETTI, Circuit Judge:

The appellant, Francisco Macias-Perez, pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to ten years imprisonment. Page six of the original presentence report included a statement that the appellant's common-law wife, Linda Martinez ("Ms. Martinez"), had previously found a cocaine bindle among the appellant's belongings. Appellant claimed at sentencing that this statement was inaccurate, and Ms. Martinez...

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