U.S. v. TAMEZ

No. 89-30320.

941 F.2d 770 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Javier TAMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1991.


Attorney(s) appearing for the Case

Howard N. Schwartz, Dauber, Bartheld & Schwartz, Yakima, Wash., for defendant-appellant.

Donald E. Kresse, Asst. U.S. Atty., Yakima, Wash., for plaintiff-appellee.

Before WIGGINS, BRUNETTI and NELSON, Circuit Judges.


BRUNETTI, Circuit Judge:

Frank Javier Tamez appeals his conviction and sentence under 21 U.S.C. § 856(a)(2), for making available a building for the purpose of narcotics trafficking. We have jurisdiction under 28 U.S.C. § 1291 and affirm in part and reverse and remand in part.

I. Background

In October 1987 the DEA began an investigation of defendant Tamez after receiving information that his used car dealership, consisting of five lots...

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