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U.S. v. MELCHOR-ZARAGOZA

Nos. 02-10314, 02-10628.

351 F.3d 925 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Aquileo MELCHOR-ZARAGOZA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ignacio Garcia-Rebollar, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2003.

Attorney(s) appearing for the Case

Nancy Hinchcliffe and Michael S. Reeves, Phoenix, Arizona, for the appellants.

Lisa Jennis Settel, Assistant U.S. Attorney, Phoenix, Arizona, for the appellee.

Before: David R. Thompson, Stephen S. Trott, and Consuelo M. Callahan, Circuit Judges.

Argued and Submitted November 3, 2003 — San Francisco, California.

OPINION

DAVID R. THOMPSON, Senior Circuit Judge.

This appeal raises a question of first impression in this circuit: When a defendant is convicted of a conspiracy involving multiple victims, is it proper for the sentencing court to divide the conspiracy conviction into separate count groups based on the number of victims under U.S.S.G. §§ 1B1.2(d) and 3D1.2? We answer...

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