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U.S. v. CAPERELL

No. 90-10073.

938 F.2d 975 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald CAPERELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1991.

Attorney(s) appearing for the Case

Bernard G. Little, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Martin R. Boyers, Las Vegas, Nev., for defendant-appellant.

Before SNEED, SCHROEDER and CANBY, Circuit Judges.

CANBY, Circuit Judge:

Gerald Caperell appeals his conviction and sentence for engaging in a continuing criminal enterprise in violation of 21 U.S.C. §§ 848(b)(1) and (b)(2)(A). Caperell presents three arguments on appeal: (1) the indictment failed to state an offense; (2) the government breached the plea agreement; and (3) the sentencing court violated Caperell's due process rights. We reject these challenges and affirm.

BACKGROUND

Caperell...

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