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U.S. v. NUNEZ-CARREON

No. 93-10086.

47 F.3d 995 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio NUNEZ-CARREON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Reese V. Bostwick (argued) and James D. Whitney (on the briefs), Asst. U.S. Attys., Tucson, AZ, for plaintiff-appellee.

Javier Chon-Lopez, Asst. Federal Public Defender, Tucson, AZ, for defendant-appellant.

Before: POOLE, BEEZER, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

The issue in this case is how to decide whether a coconspirator is responsible for an amount of drugs for the purposes of statutory minimum sentencing.

Facts

A Border Patrol agent in Naco, Arizona, saw a van drive across the border from Mexico. It drove off the road in a place where the fence was down. Its headlights were off, even though it was dark out. He chased it. It rammed...

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