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U.S. v. GARRIDO

Nos. 92-2925, 92-2975, 92-3016 and 92-3197.

995 F.2d 808 (1993)

UNITED STATES of America, Appellee, v. Jose Hernandez GARRIDO, Appellant. UNITED STATES of America, Appellee, v. Ismael VILLANUEVA-HERNANDEZ, Appellant. UNITED STATES of America, Appellee, v. Jose Guerrero VALENZUELA-VALLES, Appellant. UNITED STATES of America, Appellee, v. Carlos VILLANUEVA-HERNANDEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1993.

Attorney(s) appearing for the Case

Robert Thomas Day, Federal Public Defender, St. Louis, MO, argued for Jose H. Garrido; Henry B. Robertson of St. Louis, MO, argued for Ismael Villanueva-Valles; Kim Roger Luther of St. Louis, MO, argued for Jose Valenzuela-Valles; Kenneth D. Goins of St. Louis, MO, argued for Carlos Villanueva-Hernandez.

Edward J. Rogers, Asst. U.S. Atty., St. Louis, MO, argued for appellee.

Before McMILLIAN, MAGILL, and LOKEN, Circuit Judges.

MAGILL, Circuit Judge.

This case involves a conspiracy to distribute marijuana. All four defendants were found guilty after a jury trial, and appeal, raising several claims of error at trial and at sentencing. We affirm the majority of issues. However, we vacate the sentences and remand for resentencing, finding error in the marijuana quantities used to determine the offense levels.

I. BACKGROUND

Detective Ron Pauley, who worked for the MEG Unit...

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