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U.S. v. RUIZ

No. 90-50165.

935 F.2d 1033 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. German Valentin RUIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Joseph T. Vodnoy, Los Angeles, Cal., for defendant-appellant.

Edward R. McGah, Jr., Asst. U.S. Atty., Santa Ana, Cal., for plaintiff-appellee.

Before BROWNING, D.W. NELSON and REINHARDT, Circuit Judges.

D.W. NELSON, Circuit Judge:

German Valentin Ruiz appeals his guideline sentence of 151 months for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He claims that the district court erred in refusing to follow the holding of United States v. Restrepo, 883 F.2d 781 (9th Cir.1989) (Restrepo I), which was withdrawn between his plea agreement and sentencing, 896 F.2d...

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