No. 90-50235.

936 F.2d 425 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. George Anthony MOSTI, aka Victor Mendoza-Macias, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Brian T. Kelly, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

Debra Ann DiIorio, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellee.

Before FERGUSON, HALL and RYMER, Circuit Judges.


Following a jury trial, George Mosti was convicted of importing a controlled substance, Lysergic Acid Diethylamide (LSD), in violation of 21 U.S.C. § 952 and possession of LSD with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Mosti under the Sentencing Guidelines to thirty months incarceration and three years supervised release. In imposing this sentence,...

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