U.S. v. GARCIA-GUIZAR

No. 99-10435.

227 F.3d 1125 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2000


Attorney(s) appearing for the Case

Ann C. McClintock, Assistant Federal Defender, Sacramento, California, for the defendant-appellant.

William S. Wong, Thomas E. Flynn, Assistant United States Attorneys, Sacramento, California, for the plaintiff-appellee.

Before: CANBY, REINHARDT, and FERNANDEZ, Circuit Judges.


CANBY, Circuit Judge:

Conrado Garcia-Guizar appeals from his resentencing by the district court pursuant to his conviction on four drug counts under 21 U.S.C. § 841 and one count of criminal forfeiture under 21 U.S.C. § 853(a)(1). We affirm.

Two major questions are presented. First, the district court's finding of drug quantity under 21 U.S.C. § 841(b)(1), which was made at sentencing under a preponderance-of-the-evidence standard, was error...

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