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U.S. v. KELSO

No. 90-50453.

942 F.2d 680 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Wayne KELSO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Nancy G. Kendall, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Cynthia Bashant, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before PREGERSON, HALL and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Mark Wayne Kelso pleaded guilty to conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and § 846. He appeals the sentence imposed under the Sentencing Guidelines ("Guidelines"). We have jurisdiction under 28 U.S.C. § 1291 and reverse.

I. Facts

On December 7, 1989, Border Patrol agents requested to search a pickup driven by codefendant Juan Muro-Torres...

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