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U.S. v. GARCIA

Nos. 05-30596, 06-30214.

497 F.3d 964 (2007)

UNITED STATES of America, v. Martin GARCIA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ronald E. Smith, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2007.

Attorney(s) appearing for the Case

Wendy Holton, Helena, MT, for defendant-appellant Martin Garcia.

Palmer A. Hoovestal, Hoovestal Law Firm, PLLC, Helena, MT, for defendant-appellant Ronald Smith.

William W. Mercer, United States Attorney, Jessica T. Fehr (argued) and James E. Seykora, Assistant United States Attorneys, Billings, MT, for plaintiff-appellee.

Before: ALEX KOZINSKI, RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges.

FISHER, Circuit Judge:

Martin Garcia, Ronald Smith and Robert Green were among 13 defendants charged in a 25-count indictment with participating in a conspiracy to distribute methamphetamine obtained from various sources, both inside and outside Montana, and with related firearm offenses. In this opinion, we address Garcia's challenge to his conviction and sentence, and Smith's sentencing challenge, and we affirm in part, reverse in part and remand in part. We affirm...

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