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U.S. v. GONZALEZ

No. 89-50131.

897 F.2d 1018 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Kenneth D. Noel, San Diego, Cal., for defendant-appellant.

Patrick O'Toole, Asst. U.S. Atty., argued; Randy K. Jones, Asst. U.S. Atty., on the brief; San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Judge, SCHROEDER and O'SCANNLAIN, Circuit Judges.

GOODWIN, Chief Judge:

Roberto Gonzalez appeals his sentence of seventy months in custody and four years of suspended release, contending that the trial court misapplied the Federal Sentencing Guidelines ("the Guidelines") and that, as applied, the Guidelines are unconstitutional. We affirm.

Gonzalez was convicted of violating 21 U.S.C. §§ 841(a)(1) and 846. At the sentencing hearing, Gonzalez requested that the court reduce his base offense level...

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