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U.S. v. HAMILTON

No. 97-50540.

208 F.3d 1165 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Frederick Lamar HAMILTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2000.

Attorney(s) appearing for the Case

Yvette M. Palazuelos and Patrick R. Fitzgerald, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellant.

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellee.

Before: BROWNING and TASHIMA, Circuit Judges, and KING, District Judge.

KING, District Judge:

The United States cross-appeals Frederick Lamar Hamilton's sentence,2 challenging the district court's refusal to enhance Hamilton's sentence under 21 U.S.C. § 841(b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and vacate and remand for resentencing.

I.

A jury convicted Hamilton of conspiracy to manufacture piperidine...

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