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U.S. v. ING

Nos. 94-10097, 94-10149.

70 F.3d 553 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Allan Bowlun ING, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard St. CLAIR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 14, 1995.

Submission Vacated June 5, 1995.

Resubmitted August 22, 1995.

Decided November 17, 1995.

Attorney(s) appearing for the Case

Philip H. Pennypacker, Siner, Steinbock, Hofmann & Pennypacker, San Jose, California, for defendant-appellant Allan Bowlun Ing.

James W. Ramsaur, Chapuis & Ramsaur, Oakland, California, for defendant-appellant Richard St. Clair.

Jeffrey Nedrow, Assistant United States Attorney, San Jose, California, for the plaintiff-appellee.

Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges.

REINHARDT, Circuit Judge:

Allan Bowlun Ing and Richard St. Clair were convicted of conspiracy to possess with intent to distribute cocaine and attempted possession with intent to distribute cocaine. Ing challenges his sentence on the ground that the district judge erred in denying him a downward adjustment for acceptance of responsibility. St. Clair challenges his sentence on the ground that the district court failed to make findings regarding his entitlement to downward...

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