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U.S. v. HANDA

No. 96-16468.

110 F.3d 42 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Howard HANDA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Louis A. Bracco, Assistant United States Attorney, Honolulu, Hawaii, for plaintiff-appellant.

Sharon G. Kramer, Chicago, Illinois, for defendant-appellee.

Before: JOHN T. NOONAN, Jr. and O'SCANNLAIN, Circuit Judges, and RHOADES, District Judge.

OPINION

JOHN T. NOONAN, Jr., Circuit Judge:

The United States appeals the refusal of the district court to resentence Howard Handa after his conviction and sentence for violation of 18 U.S.C. § 924(c)(1) was vacated. We vacate the sentence imposed by the district court and remand for resentencing.

PROCEEDINGS

On May 17, 1990 Handa was convicted of possession with intent to distribute methamphetamine in violation of 21 U.S.C...

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