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U.S. v. LEMUS

No. 14-50355.

815 F.3d 583 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio LEMUS, aka Sky, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2016.

Attorney(s) appearing for the Case

Michael Tanaka (argued), Deputy Federal Public Defender, Hillary Potashner , Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

Stephen G. Wolfe (argued), Assistant United States Attorney, Sheila Nagaraj , Assistant United States Attorney, Lawrence S. Middleton , Assistant United States Attorney, Chief, Criminal Division, Eileen M. Decker , United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: STEPHEN R. REINHARDT, RICHARD A. PAEZ, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

Defendant Rogelio Lemus appeals his conviction for possession with intent to distribute more than 50 grams of methamphetamine. Because we conclude that insufficient evidence supported the jury's quantity determination, we reverse in part and remand for resentencing pursuant to the lowest quantity category...

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