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U.S. v. GAMEZ

No. 00-10307.

301 F.3d 1138 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel GAMEZ, a.k.a. Manuel Gamez-Rubio, Gustavo Gamez, Manuel Flores-Falvez, Manuel Gomez-Rubio, Manuel Flores-Galvez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2002.

Attorney(s) appearing for the Case

Victoria A. Brambl, Assistant Federal Public Defender, Tucson, AZ, for the appellant.

Mary Sue Feldmeier, Assistant United States Attorney, Tucson, AZ, for the appellee.

Before: SNEED, BRUNETTI and T.G. NELSON, Circuit Judges.

SNEED, Circuit Judge.

Manuel Gamez appeals his conviction and 151-month sentence for drug importation. Gamez was charged with various marijuana and murder-related offenses. The jury acquitted him on all murder-related charges but found him guilty of all marijuana-related charges. The district court applied U.S.S.G. § 2D1.1(d)(1)'s murder cross-reference to impose a 151-month sentence on Gamez when he otherwise would have been subject to a Guidelines maximum sentence...

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