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U.S. v. GOMEZ-PADILLA

No. 91-50683.

972 F.2d 284 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Julio GOMEZ-PADILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 5, 1992.

Attorney(s) appearing for the Case

Bruce R. Castetter and John P. Pierce, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Stephen E. Hoffman, Frank & Milchen, San Diego, Cal., for defendant-appellant.

Before: TANG, BEEZER, and KOZINSKI, Circuit Judges.

PER CURIAM:

Julio Gomez-Padilla (Gomez) appeals from his sentence, imposed following a jury trial, for conspiracy to possess with intent to distribute and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. Gomez was resentenced upon remand from this court, and he contends that the district court erred by failing to exercise its discretion to consider his exemplary behavior...

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