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U.S. v. RUBIO-TOPETE

No. 92-10212.

999 F.2d 1334 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Adalberto RUBIO-TOPETE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1993.

Attorney(s) appearing for the Case

Donald Thomas Bergerson, San Francisco, CA, for defendant-appellant.

Rory K. Little, Martha Boersch, Asst. U.S. Attys., San Francisco, CA, for plaintiff-appellee.

Before: FARRIS, POOLE, WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

Adalberto Rubio-Topete was convicted of conspiracy to distribute heroin in violation of 21 U.S.C. § 846 and possession of heroin with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). Rubio-Topete challenges the district court's decision to exclude the testimony of Gabriel Soto and a defense investigator. He also contends that a two-level upward adjustment in his offense level for obstruction...

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