U.S. v. WASHINGTON

No. 96-50359.

172 F.3d 1116 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Davis WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1999.


Attorney(s) appearing for the Case

Stephen M. Hogg, Simi Valley, California, for the defendant-appellant.

Jean Rosenbluth, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: FLETCHER, THOMPSON, and LEAVY, Circuit Judges.


Opinion by Judge LEAVY; Dissent by Judge FLETCHER.

LEAVY, Senior Circuit Judge:

We are asked in this case to determine the scope of our remand for resentencing. The defendant, Eugene Davis Washington, claims that the district court exceeded the scope of the remand by departing upwards. We affirm the district court's sentence.

BACKGROUND

Washington's first trial on drug charges ended in a hung jury. He was tried a

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