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U.S. v. MENDOZA

No. 96-50137.

121 F.3d 510 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Munguia MENDOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Patrick R. Fitzgerald, Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Olivia W. Karlin, Deputy Federal Public Defender, Los Angeles, CA, for the Defendant-Appellant.

Before: CANBY and THOMAS, Circuit Judges, and KING, District Judge.

CANBY, Circuit Judge:

Jesus Munguia Mendoza appeals the sentence imposed following his plea of guilty to possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Mendoza contends that the district court erred in concluding that it lacked legal authority under the Sentencing Guidelines to depart downward on the ground that Mendoza had no control over, or knowledge of, the purity of the methamphetamine that he delivered. We...

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