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U.S. v. HERNANDEZ-SANDOVAL

No. 98-50356.

211 F.3d 1115 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos HERNANDEZ-SANDOVAL, aka Federico Ortega-Martinez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2000

Attorney(s) appearing for the Case

Steven F. Hubachek (argued), Assistant Public Defender, and Troy A. Britt, Federal Public Defender, San Diego, California, for the defendant-appellant.

Kevin Kelly (argued), and Bruce R. Castetter, Assistant United States Attorneys, San Diego, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide, in this car-chase criminal appeal, whether double-counting prevents a district judge from enhancing a defendant's sentence for "endangering members of the public" and separately for endangering a person he knew to be a law enforcement officer.

I

On October 19, 1997, Carlos Hernandez-Sandoval ("Hernandez") drove a pickup truck laden with 729.95 kilograms of marijuana into the United States from Mexico via...

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