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U.S. v. ASAGBA

Nos. 95-10139, 95-10197.

77 F.3d 324 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Julius ASAGBA, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Kenneth TAYLOR, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1996.

Attorney(s) appearing for the Case

Theresa J. Canepa and Stephanie Hinds, Assistant United States Attorneys, San Francisco, California, for plaintiff-appellant.

Nina Wilder, Weinberg & Wilder, San Francisco, California, for defendant-appellee Asagba.

Gregor D. Guy-Smith, San Francisco, California, for defendant-appellee Taylor.

Before: LAY, GOODWIN and PREGERSON, Circuit Judges.

Opinion by Judge GOODWIN; Dissent by Judge PREGERSON.

OPINION

GOODWIN, Circuit Judge.

The only substantial question in this consolidated appeal by the government from what it contends were legally inadequate sentences is the degree of deference due the district court in its fact-finding function in the imposition of a guideline sentence.

FACTS

Taylor and Asagba were convicted following separate jury trials of one count of violating...

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