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U.S. v. GONZALEZ

No. 92-4357.

2 F.3d 369 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Raul GONZALEZ, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 21, 1993.

Attorney(s) appearing for the Case

Karen Rochlin, Linda Collins Hertz, Harriett R. Galvin, Asst. U.S. Attys., Miami, FL, for plaintiff-appellant.

Roy Kahn, Miami, FL, for defendant-appellee.

Before EDMONDSON and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

In this appeal, the United States challenges the district court's interpretation of section 2X3.1 of the United States Sentencing Guidelines (U.S.S.G.). For the reasons that follow, we find that the district court erred in its application of the Guidelines and we remand for resentencing.

I. Background

In late 1987, Jose Miguel Ortega-Acosta was arrested on narcotics charges involving more than twenty kilograms of cocaine...

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