U.S. v. TRUJILLO

No. 11-50353.

713 F.3d 1003 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo TRUJILLO, aka El Negro, aka Alexander Quintana Ruiz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2013.


Attorney(s) appearing for the Case

Wendy T. Wu (argued), Assistant United States Attorney, Cyber & Intellectual Property Crimes Section; Robert E. Dugdale , Assistant United States Attorney, Chief, Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Brianna J. Mircheff (argued), Deputy Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

Before: WILLIAM C. CANBY, JR., STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.


OPINION

CANBY, Senior Circuit Judge:

Rodolfo Trujillo was convicted in 1993 of conspiracy to possess and of possessing with intent to distribute 2,915 kilograms of cocaine. He was sentenced to 360 months imprisonment. Subsequently, the Sentencing Commission amended the Sentencing Guidelines to lower the offense level applicable to Trujillo, with an application note indicating that upward departures from the new level might be warranted in cases involving...

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