United States v. Jose Manuel Pinto, United States of America v. Edgar Florez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
LEAVY, Circuit Judge:
Defendants Jose Manuel Pinto (“Pinto”) and Edgar Florez (“Florez”) appeal from their sentences under the Sentencing Guidelines following their guilty pleas for conspiracy to possess with intent to distribute and to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Both defendants appeal denial of a downward departure under U.S.S.G. § 2D1.1, Application Note 16. Defendant Pinto also appeals denial of departure under § 5K2.12 and admission of evidence in his sentencing hearing without prior notice. We affirm.
FACTS AND PRIOR PROCEEDINGS
On February 1,1992,…
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