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U.S. v. ZAMORA

No. 93-10311.

37 F.3d 531 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar ZAMORA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1994.

Attorney(s) appearing for the Case

Patrick M. Mooney, Mooney & Boetsch, Reno, NV, for defendant-appellant.

Daniel G. Bogden and Robert A. Bork, Asst. U.S. Attys., Reno, NV, for plaintiff-appellee.

Before POOLE, CANBY, and RYMER, Circuit Judges.

Opinion by Judge CANBY; Dissent by Judge RYMER.

CANBY, Circuit Judge:

Cesar Zamora appeals a five-level upward departure from the applicable guideline range in his sentence for distribution of cocaine and possession of cocaine with intent to distribute. We vacate his sentence and remand for resentencing.

BACKGROUND

On the evening of June 3, 1992, Zamora and several accomplices gathered in the parking lot of a Motel 6 in Reno, Nevada, to carry...

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