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U.S. v. ROSACKER

No. 02-30000.

314 F.3d 422 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James Joseph ROSACKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2002.

Attorney(s) appearing for the Case

Michael R. Levine, Assistant Federal Public Defender, Portland, OR, for the defendant-appellant.

Michael W. Mosman, United States Attorney, and Frank Noonan, Assistant United States Attorney, District of Oregon, Portland, OR, for the plaintiff-appellee.

Before T.G. NELSON, GRABER, and FISHER, Circuit Judges.

OPINION

T.G. NELSON, Circuit Judge.

Rosacker appeals the sentence imposed by the district court after he pleaded guilty to one count of using a communication device to facilitate a drug trafficking offense in violation of 21 U.S.C. § 843(b). The district court sentenced him to the statutory maximum, 48 months. On appeal, Rosacker argues that the district court erred by (1) basing the estimate on an unreliable...

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