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U.S. v. REED

No. 89-10284.

914 F.2d 1288 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Charles REED, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1990.

Attorney(s) appearing for the Case

Michael H. Murray, Law Offices of Timothy B. Rien, Livermore, Cal., for defendant-appellant.

Eric R. Havian, Asst. U.S. Atty., Appellate Section, San Francisco, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Judge, and SNEED and NOONAN, Circuit Judges.

SNEED, Circuit Judge:

Appellant Reed pleaded guilty to one felony count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1988). A second count of conspiracy to distribute cocaine was dropped by the United States. Initially appellant was not sentenced under the Sentencing Guidelines, but subsequent to Mistretta v. United States, 488 U.S. 361, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989),...

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