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U.S. v. MERCADO

Nos. 05-50624, 05-50860.

474 F.3d 654 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MERCADO, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Daniel Bravo, aka's Sporty; Seal G, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2007.

Attorney(s) appearing for the Case

Terry Amdur, Pasadena, CA, for defendant-appellant.

Mercado; Elliot E. Stanford, Pacific Palisades, CA, for defendant-appellant Bravo.

Robert E. Dugdale, Assistant United States Attorney, Organized Crime and Terrorism Section, Los Angeles, CA, for the plaintiff-appellee.

Before: B. FLETCHER, FERNANDEZ, and GRABER, Circuit Judges.

Opinion by Judge FERNANDEZ; Dissent by Judge BETTY B. FLETCHER

FERNANDEZ, Circuit Judge.

Robert Mercado, Jr., and Daniel Bravo appeal their sentences for conspiracy to violate RICO,1 18 U.S.C. § 1962(d), and for conspiracy to aid and abet narcotics trafficking. 21 U.S.C. § 846. They assert that in calculating their sentences under the United States Sentencing Guidelines, the district court erred when it considered criminal...

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