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U.S. v. FRAZIER

No. 91-50554.

985 F.2d 1001 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Phelix Henry FRAZIER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Nicholas Cimmarrusti, San Diego, CA, for defendant-appellant.

Peter Lewis, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before ALDISERT, CANBY, and THOMPSON, Circuit Judges.

CANBY, Circuit Judge:

This appeal presents the question whether a defendant who buys drugs from an undercover officer should receive a base offense level under the Sentencing Guidelines that is derived from the quantity of drugs the defendant contracted or conspired to buy, or from the quantity of drugs actually delivered. We conclude that the negotiated amount determines the offense level.

I

Phelix Henry...

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