U.S. v. SALDANA

No. 93-10050.

12 F.3d 160 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse SALDANA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1993.


Attorney(s) appearing for the Case

Karon V. Johnson, Asst. U.S. Atty., Agana, Guam, for plaintiff-appellant.

Howard Trapp, Howard Trapp Inc., Agana, Guam, for defendant-appellee.

Before: POOLE, WIGGINS, and NELSON, Circuit Judges.


T.G. NELSON, Circuit Judge:

OVERVIEW

The United States appeals the five-year probation sentence for Jesse Saldana who pled guilty to three cocaine charges and stipulated to facts in the plea agreement which established food stamp fraud offenses. The Government objects to the district court's disregard of the food stamp fraud offenses in the calculation of the base offense level under the sentencing guidelines. We vacate and remand for resentencing.

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