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U.S. v. CARVAJAL

No. 89-10184.

905 F.2d 1292 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Minota CARVAJAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1990.

Attorney(s) appearing for the Case

Nancy S. Pemberton, San Francisco, Cal., for defendant-appellant.

Rodolfo M. Orjales, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before WALLACE, ALARCON and LEAVY, Circuit Judges.

WALLACE, Circuit Judge:

Following a jury trial, Carvajal was found guilty of distribution of and conspiracy to distribute five kilograms of cocaine in violation of 21 U.S.C. §§ 841 and 846, as well as the unlawful use of the telephone to facilitate the distribution of cocaine in violation of 21 U.S.C. § 843(b). In calculating Carvajal's sentence, the district court concluded that Carvajal's total offense level should be increased by two points pursuant...

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