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U.S. v. LOPEZ

Nos. 92-50137, 92-50145.

37 F.3d 565 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando LOPEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Josefa FUENTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1994.

Attorney(s) appearing for the Case

Elaine Morinelli, Morinelli & Lieberman, Oakland, CA, for defendant-appellant Lopez.

Robin R. Scroggie, Los Angeles, CA, for defendant-appellant Fuentes.

Steven M. Arkow, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide, among other issues, whether a substantive crime and a conspiracy to commit that crime are separate offenses for sentence enhancement purposes.

I

During September 1991, the Drug Enforcement Agency ("DEA") was conducting an investigation of appellants Fuentes and Lopez. Special Agent Jose Martinez arranged a meeting with them through informants Maria Arellano and Arturo Rodriguez. On September 30, 1991, Arellano...

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