U.S. v. PIPER

Nos. 89-30325, 89-30326.

918 F.2d 839 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Jack David PIPER, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1990.


Attorney(s) appearing for the Case

Jerald E. Olson, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellant.

Michael G. Martin, Chief Asst. Federal Public Defender, Seattle, Wash., for defendant-appellee.

Before WRIGHT, SCHROEDER and NORRIS, Circuit Judges.


PER CURIAM:

Appellee pled guilty to one count of possessing a controlled substance with intent to distribute. Relying on this court's decision in United States v. Restrepo, 883 F.2d 781 (9th Cir.1989) (Restrepo I), the district court refused to consider conduct not charged in determining appellee's sentence, both as to the offense level and as to the determination of appellee's acceptance of responsibility. The government...

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