Legal Opinion

United States v. Vargas

Court of Appeals for the Ninth Circuit

Decided March 8, 1991No. Nos. 89-10642, 90-10000, 90-10001, 90-10006, 90-10010, 90-10042, 90-10066, 90-10069 and 90-10071PublishedCited by 56 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Five defendants were jointly tried on a two-count indictment and convicted of con*703spiracy to distribute cocaine and heroin and possession with intent to distribute. They challenge their convictions. In four of the five cases, the government cross-appeals, arguing that the district court misapplied the Sentencing Guidelines by failing to enhance the defendants’ offense levels for a co-defendant’s possession of a firearm. For the reasons explained below, we reverse the convictions and remand for a new trial.

I

On February 16, 1989, at the end of an undercover…

2Cases cited10 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. California v. GreenSupreme Court of the United States · 1970
  5. Maryland v. CraigSupreme Court of the United States · 1990

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3Cited by56 opinions

  1. United States v. LarsonCourt of Appeals for the Ninth Circuit · 2007
  2. 42 Fed. R. Evid. Serv. 527, 95 Daily Journal D.A.R. 8949 United States of America v. John Jario Gil, United States of America v. Daniel MontoyaCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. ComitoCourt of Appeals for the Ninth Circuit · 1999
  4. People of the Territory of Guam v. Anthony Camacho IgnacioCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. AnguloCourt of Appeals for the Ninth Circuit · 1993

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