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U.S. v. BAKER

No. 89-50170.

894 F.2d 1083 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Virgil Lee BAKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1990.

Attorney(s) appearing for the Case

Janice Hogan, Federal Public Defenders Office, San Diego, Cal., for defendant-appellant.

John P. Pierce, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

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

SCHROEDER, Circuit Judge:

This sentencing appeal follows defendant-appellant Virgil Lee Baker's plea of guilty to charges of conspiracy to use a counterfeit credit card and use of a counterfeit credit card in violation of 18 U.S.C. §§ 1029(a)(1) and 371.

At the sentencing hearing, Baker challenged the presentence report in which the probation officer recommended an upward adjustment in Baker's sentence for being the leader of the counterfeiting scheme...

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