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U.S. v. KOON

Nos. 93-50561, 93-50608, 93-50562 and 93-50609.

34 F.3d 1416 (1994)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Stacey C. KOON, Defendant-Appellant, Cross-Appellee. UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Laurence M. POWELL, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1994.

Attorney(s) appearing for the Case

Joel Levine, Encino, CA, William J. Kopeny, Santa Ana, CA, for defendants-appellants-cross-appellees.

Steven D. Clymer, Asst. U.S. Atty., Los Angeles, CA, Irv Gornstein, Civil Rights Div., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee-cross-appellant.

Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge.

FLETCHER, Circuit Judge:

Stacey Koon and Laurence Powell ("appellants") appeal their jury convictions for deprivation of rights under color of state law in violation of 18 U.S.C. § 242. The United States appeals Koon's and Powell's sentences under the Sentencing Guidelines. We affirm the convictions but remand for resentencing.

BACKGROUND

The arrest of Rodney King occurred in the early morning of March 3, 1991 in Los Angeles. After drinking...

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