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U.S. v. MARTINEZ-DURAN

Nos. 89-50583, 89-50641.

927 F.2d 453 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Abel MARTINEZ-DURAN, Carrie Roger-Sandoval, aka Roger Carrie-Sandoval, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

Inge Brauer, Brauer & Sharpe, San Diego, Cal., for defendant-appellant Abel Martinez-Duran.

Gerald E. Utti, Encinitas, Cal., for defendant-appellant Roger Carrie-Sandoval.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before FLETCHER, BOOCHEVER and WIGGINS, Circuit Judges.

BOOCHEVER, Circuit Judge:

Abel Martinez-Duran appeals his twenty month sentence for use of a communication facility in committing a drug offense, claiming the district court's upward departure was unreasonable. Roger Carrie-Sandoval1 appeals his twenty-four month sentence for renting or managing a building for the purpose of storing, distributing and/or using heroin, claiming it was error to add two offense levels for his role as an organizer...

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