U.S. v. BARNES

Nos. 91-50421, 91-50835.

993 F.2d 680 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. William T. BARNES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1993.


Attorney(s) appearing for the Case

Jerald W. Newton, Santa Monica, CA, for defendant-appellant.

Alan G. Dahle, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before SCHROEDER, THOMPSON, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

In this drug conspiracy case involving a "reverse sting," we must decide whether, for sentencing purposes, the government or the defendant bears the burden of proving facts relevant to determining the object of the conspiracy.

I

Barnes negotiated on behalf of his codefendants and himself for the purchase of fifty kilograms of cocaine from undercover government agents. The transaction...

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