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U.S. v. NAVARRO

No. 91-30275.

979 F.2d 786 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardo Louisiano NAVARRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1992.

As Amended December 31, 1992.

Attorney(s) appearing for the Case

James E. Egan, Kennewick, Wash., for defendant-appellant.

Gregory M. Shogren, Asst. U.S. Atty., Yakima, Wash., for plaintiff-appellee.

Before: WRIGHT, HUG and POOLE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Bernardo Louisiano Navarro, serving 63 months for his involvement in a conspiracy to distribute cocaine and heroin, seeks resentencing. He argues that drugs sold after the end of his participation in the conspiracy were improperly used in calculating his sentence. The question presented by his appeal is whether the district court erred in its application of the Sentencing Guidelines by failing to make a factual determination of relevant...

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