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U.S. v. DOE

No. 02-50445.

351 F.3d 929 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2003.

Attorney(s) appearing for the Case

Frank J. Ragen, San Diego, California, for the defendant-appellant.

Carol C. Lam, United States Attorney, Laura E. Duffy, Assistant U.S. Attorney, San Diego, California, for the plaintiff-appellee.

Before: Raymond C. Fisher and Jay S. Bybee, Circuit Judges, and James C. Mahan, District Judge.

Argued and Submitted September 9, 2003 — Pasadena, California.

OPINION

MAHAN, District Judge.

John Doe appeals the district court's denial of the government's second motion pursuant to Federal Rule of Criminal Procedure 35(b) for reduction of the sentence imposed following his guilty plea to conspiracy to import cocaine in violation of 21 U.S.C. §§ 952, 960 and 963.

The district court originally sentenced Doe to 210-months...

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