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U.S. v. RICO

No. 88-1286.

895 F.2d 602 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip RICO, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1990.

Attorney(s) appearing for the Case

David Bettencourt, Honolulu, Hawaii, for defendant-appellant.

Michael K. Kawahara, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Phillip Rico, Jr. contends that the sentence he received, after pleading guilty to conspiring to distribute cocaine, violated his due process rights and failed to comply with Federal Rule of Criminal Procedure 32 ("Rule 32"). We vacate the district court's sentence and remand for resentencing in compliance with Rule 32(c)(3)(D).

FACTS

Rico pleaded guilty to one count of...

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