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U.S. v. MASON

No. 89-30156.

961 F.2d 1460 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Commer Lee MASON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1992.

Attorney(s) appearing for the Case

Charles A. Johnston, Felker, Lazares & Johnston, Tacoma, Wash., for defendant-appellant.

Andrew R. Hamilton, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before: WRIGHT and ALARCON, Circuit Judges, FONG, District Judge.

ALARCON, Circuit Judge:

Commer Lee Mason (Mason) appeals from the sentence imposed following his plea of guilty to conspiring to distribute a substance containing a cocaine base. Mason contends that we must vacate the sentence and remand this matter with directions that the district court resentence him in accordance with the facts set forth in the plea agreement, or allow him to withdraw his plea. We affirm because we conclude that the district court was not bound...

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