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United States Ninth Circuit


US v. GAMEZ, 00-10307

The murder cross-reference of U.S.S.G. section 2D1.1(d)(1) can apply to enhance a sentence for drug-related conspiracy when the murder was both foreseeable and in furtherance of the conspiracy, although defendant was acquitted of murder and the sentencing court specifically found that he did not commit murder.

Appellate Information

  • Argued 03/14/2002
  • Decided 08/29/2002
  • Published 08/29/2002

Judges

  • SNEED, Circuit Judge., Before: SNEED, BRUNETTI and T.G. NELSON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Victoria A. Brambl, Assistant Federal Public Defender, Tucson, AZ, for the appellant.

  • For Appellees:
  • Mary Sue Feldmeier, Assistant United States Attorney, Tucson, AZ, for the appellee.
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