U.S. v. ROBERTSON

Nos. 92-50395, 92-50460.

15 F.3d 862 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Paul ROBERTSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Juan Paul ROBERTSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1994.


Attorney(s) appearing for the Case

Glenn Stewart Warren, San Diego, CA, for the defendant-appellant, cross-appellee.

Steven W. Peterson, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee, cross-appellant.

Before REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge.


T.G. NELSON, Circuit Judge:

I

OVERVIEW

Juan Paul Robertson (Robertson) appeals his jury convictions for conspiracy and possession of cocaine with intent to distribute (Counts One through Four) and RICO (Count Six). Because we conclude that the Government failed to prove that the enterprise affected interstate commerce, we reverse the RICO count. We affirm the remaining Counts One through Four, but vacate the sentences with regard to those...

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