U.S. v. RESTREPO

No. 88-3207.

903 F.2d 648 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Dario RESTREPO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion August 24, 1989.

Opinion Withdrawn March 2, 1990.

Decided May 8, 1990.


Attorney(s) appearing for the Case

Ted J. Stepovich, Fairbanks, Alaska, for defendant-appellant.

Stephen Cooper, Asst. U.S. Atty., Fairbanks, Alaska, for plaintiff-appellee.

Before PREGERSON, BOOCHEVER and NOONAN, Circuit Judges.


BOOCHEVER, Circuit Judge:

Dario Restrepo appeals his forty-six month prison sentence imposed after he was convicted of two counts of distribution of cocaine. The primary issue before us is whether the district court erred in considering conduct that did not result in Restrepo's conviction in determining his offense level under the Sentencing Guidelines. We also consider the standard of proof to be used to establish a factor...

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