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U.S. v. GAVILAN

No. 91-50509.

966 F.2d 530 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin Reyes GAVILAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

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

Shane P. Harrigan, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before: ALARCON, NORRIS, and O'SCANNLAIN, Circuit Judges.

ALARCON, Circuit Judge:

Augustin Reyes Gavilan (Gavilan) appeals from the order sentencing him to 10 months of imprisonment, three years supervised release and a fine of $1075.00 for possession of marijuana in violation of 21 U.S.C. § 844, and for unlawful possession of a firearm by a user of a controlled substance in violation of 18 U.S.C. § 922(g)(3). Gavilan contends he is entitled to a six-level downward adjustment to his base offense level pursuant...

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