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U.S. v. MARTINEZ

No. 94-50602.

69 F.3d 999 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1995.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellant.

Bruce Riordan, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee.

Before: T.G. NELSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge.

OPINION

T.G. NELSON, Circuit Judge:

OVERVIEW

Carlos Martinez pled guilty to conspiracy to possess with intent to distribute cocaine base. At the sentencing hearing, the district court found Martinez's criminal history category to be II, based on his prior conviction for vandalism and his commission of the instant offense while on probation. The district court sentenced Martinez to 120 months in custody, which it found to be the mandatory minimum...

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