U.S. v. GARCIA

No. 97-50573.

149 F.3d 1008 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Larry David GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1998.


Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Defenders of San Diego, Inc., San Diego, California, for the appellant.

John D. Kirby, Assistant United States Attorney, San Diego, California, for the appellee.

Before: O'SCANNLAIN, TROTT and FERNANDEZ, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether the Sentencing Guidelines require that sterilized marijuana seeds be extracted from a package containing pure marijuana before weighing for sentencing purposes.

I

Larry David Garcia appeals his sentence imposed following his conviction for importation of marijuana. On April 2, 1997, Garcia entered the United States from Mexico through the Calexico Port of Entry as the sole occupant of a 1982 Ford...

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