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U.S. v. ORTIZ

No. 02-30098.

362 F.3d 1274 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar ORTIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2004.

Attorney(s) appearing for the Case

Teresa A. Hampton, Hampton & Elliott, Boise, ID, for the defendant-appellant.

Lynne W. Lamprecht (argued) and Kim R. Lindquist, Assistant United States Attorneys, Boise, ID, for the plaintiff-appellee.

Before O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

RYMER, Circuit Judge.

We write to clarify the proper standard for determining relevant conduct for jointly undertaken criminal activity under USSG § 1B1.3(a)(1)(B) as amended in 1992: the conduct must be both in furtherance of jointly undertaken activity and reasonably foreseeable. This differs from the standard we previously adopted for determining relevant conduct under the 1990 version of the guidelines — that each conspirator is...

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