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U.S. v. GARCIA-SANCHEZ

No. 97-30157.

189 F.3d 1143 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Rutilio GARCIA-SANCHEZ, a.k.a. Jose, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1999.

Attorney(s) appearing for the Case

Lana C. Glenn, Spokane, Washington, for the defendant-appellant.

Timothy J. Ohms, Assistant United States Attorney, Spokane, Washington, for the plaintiff-appellee.

Before: GOODWIN, REAVLEY, and McKEOWN, Circuit Judges.

GOODWIN, Circuit Judge:

Garcia-Sanchez was convicted of conspiracy to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 846 and sentenced to 121 months in prison. He challenges both his conviction and sentence. We affirm the conviction but reverse and remand the sentence. The district court did not determine the scope of Garcia-Sanchez' involvement in the conspiracy before attributing to him all the conspiracy's sales. Moreover, the estimate...

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