No. 90-50442.

933 F.2d 752 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. William E. CAMBRA, Jr., aka B.C., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Warren R. Williamson, Utsinger & Williamson, San Diego, Cal., for defendant-appellant.

Phillip L.B. Halpern, Asst. U.S. Atty., San Diego, Cal., Sharon I. Kurn, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before D.W. NELSON, CANBY and RYMER, Circuit Judges.

RYMER, Circuit Judge:

William E. Cambra, Jr. plead guilty on April 17, 1990, to three counts of violating the Food, Drug, and Cosmetic Act. He appeals his sentence of 24 months plus one year of supervised release, claiming the district court should have applied the sentencing guideline relating to food and drug offenses, U.S.S.G. § 2N2.1, rather than the one for fraud and deceit, § 2F1.1. In the alternative, Cambra claims the district court improperly enhanced...

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