Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Rafael Salgado AVILA, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided September 13, 1996No. 95-50252PublishedCited by 49 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

Rafael Salgado Avila appeals his sentence of 181 months imprisonment. Avila contends that the district court clearly erred in imposing a four-level upward adjustment to his base offense level for being an organizer or leader and in denying a two-level reduction for acceptance of responsibility. We agree with Avila as to the four-level adjustment, but disagree as to the two-level reduction. Accordingly, we vacate in part, affirm in part, and remand for resentencing.

BACKGROUND

On August 26, 1991, a confidential informant introduced Detective Clifford Morgan, a Boise,…

2Cases cited11 opinions

  1. United States v. Leonard R. FullerCourt of Appeals for the First Circuit · 1990
  2. United States v. PonceCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Sixto Humberto Sanchez, United States of America v. Reyes Acebes Barajas, United States of America v. Richard T. TerronesCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. Antonio McKinneyCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Santiago Mares-MolinaCourt of Appeals for the Ninth Circuit · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. United States v. RiveraCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. Allen Ray JordanCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. David Vernon TankCourt of Appeals for the Ninth Circuit · 2000
  4. United States v. Amelia Barajas-MontielCourt of Appeals for the Ninth Circuit · 1999
  5. United States v. WhitneyCourt of Appeals for the Ninth Circuit · 2012

44 more not listed; retrieve them via the Exa API.

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