(Download) "United States V. Martinez-Guzman" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States V. Martinez-Guzman
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 13, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In December 1991, a federal grand jury returned a superceding indictment that charged Martinez-Guzman with having committed certain crimes. Count 1 charged Martinez-Guzman with conspiracy (a) to distribute cocaine, (b) to possess with intent to distribute cocaine, (c) to employ a juvenile to distribute cocaine, and (d) to maintain a place to distribute cocaine. Counts 7 through 9 charged Martinez-Guzman with three substantive counts of distribution of cocaine. In February 1992, a jury convicted Martinez-Guzman of the conspiracy count and two of the substantive distribution counts, but acquitted him of the substantive distribution charge in Count 9. In April 1992, the district court sentenced Martinez-Guzman to 121 months' imprisonment. Martinez-Guzman timely appeals. Martinez-Guzman contends that the district court erred by (1) calculating his sentence based upon the quantity of cocaine involved in Count 9, the distribution count for which he was acquitted, (2) calculating his sentence based upon conduct not sufficiently related to the conspiracy, (3) calculating his sentence based upon drugs seized in a search of someone else's car, and (4) denying his motion for a judgment of acquittal. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We reverse and remand in part, and affirm in part.