U.S. v. MARTINEZ

Nos. 90-30354, 90-30404.

967 F.2d 1343 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Roberto MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 31, 1992.

Resubmitted May 11, 1992.

Decided June 23, 1992.


Attorney(s) appearing for the Case

Antonio Salazar, Nicholas Marchi, Salazar Law Offices, Seattle, Wash., for defendant-appellant.

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

Before WRIGHT, NORRIS, and HALL, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Martinez was found guilty after a jury trial for possession of one kilogram of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and for using a machinegun and a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1). Under 21 U.S.C. § 841(a)(1), the district court was required to sentence Martinez to a minimum of five years of imprisonment for the narcotics...

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