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U.S. v. AVILA

No. 95-50252.

95 F.3d 887 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael Salgado AVILA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1996.

Attorney(s) appearing for the Case

Michael J. Brennan, Manhattan Beach, CA, for defendant-appellant.

John J. Byrne, Jr. (on the briefs), and Eileen M. Decker (argued), Assistant United States Attorneys, Los Angeles, CA, for plaintiff-appellee.

Before: REINHARDT, KOZINSKI, and HAWKINS, Circuit Judges.

REINHARDT, Circuit Judge:

Rafael Salgado Avila appeals his sentence of 181 months imprisonment. Avila contends that the district court clearly erred in imposing a four-level upward adjustment to his base offense level for being an organizer or leader and in denying a two-level reduction for acceptance of responsibility. We agree with Avila as to the four-level adjustment, but disagree as to the two-level reduction. Accordingly, we vacate in part, affirm in part, and...

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