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U.S. v. MARES-MOLINA

No. 89-50706.

913 F.2d 770 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Santiago MARES-MOLINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1990.

Attorney(s) appearing for the Case

Peter A. Vance, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Mary A. Schneider and Shane P. Harrigan, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before REINHARDT, LEAVY and RYMER, Circuit Judges.

LEAVY, Circuit Judge:

Santiago Mares-Molina ("Mares") appeals from his sentence imposed under the sentencing guidelines following a plea of guilty to conspiracy to import cocaine in violation of 21 U.S.C. §§ 952, 960, and 963. Mares argues that the district court's finding that he was "an organizer, leader, manager, or supervisor in [the] criminal activity" pursuant to guideline section 3B1.1(c) is not supported by the record. We agree, and thus vacate the...

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