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U.S. v. BANUELOS

No. 01-50051.

322 F.3d 700 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. James Manuel BANUELOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2003.

Attorney(s) appearing for the Case

Janice M. Deaton, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Todd W. Robinson, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before PREGERSON, FISHER and TALLMAN, Circuit Judges.

Opinion by Judge FISHER; Dissent by Judge TALLMAN.

OPINION

FISHER, Circuit Judge.

We are once again confronted with an Apprendi-based challenge to a sentence for a federal drug offense. James Manuel Banuelos contends that the district court erred in sentencing him to 120 months in prison for conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We agree. It is well settled that, in determining...

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