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U.S. v. MINCOFF

No. 08-50058.

574 F.3d 1186 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James MINCOFF, aka Jim, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2009.

Attorney(s) appearing for the Case

Charles M. Sevilla, San Diego, CA, for defendant-appellant James Mincoff.

Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Assistant United States Attorney, Chief, Appellate Section, Criminal Division, Todd W. Robinson (on the brief), Assistant United States Attorney, and David D. Leshner, Assistant United States Attorney (at argument), United States Attorney's Office, San Diego, CA, for plaintiff-appellee United States.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON and N. RANDY SMITH, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant James Mincoff (Mincoff) challenges his conviction and sentence for conspiracy to distribute cocaine, attempt to distribute cocaine, and unlawful use of a communication facility in violation of 21 U.S.C. §§ 841(a)(1), 846, and 843(b).

I. BACKGROUND

Mincoff and Jessie Munoz (Munoz)1 met through a mutual friend during the late 1990s. Mincoff called Munoz in April or May...

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