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U.S. v. MARTINEZ-GUERRERO

No. 92-50118.

987 F.2d 618 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Natalio MARTINEZ-GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Janice R. Mazur, San Diego, CA, for defendant-appellant.

David P. Curnow, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before FERGUSON, CANBY, and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Jose Natalio Martinez-Guerrero is legally blind.1 He pled guilty to one count of aiding and abetting possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). At his sentencing hearing, he asked the court to depart downward from the low end of the applicable guideline range of 27-33 months. He contended that his blindness was an "extraordinary physical impairment" for...

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