Contreras

United States v. Contreras

Good Law
917 F.2d 566
United States Court of Appeals for the Ninth CircuitNovember 2, 199036-3_1California919 words

Opinion

Opinion

917 F.2d 566 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee v. Frankie CONTRERAS, Defendant-Appellant. No. 89-50635. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1990. Decided Nov. 2, 1990. Before ALARCON, WILLIAM A. NORRIS, Circuit Judges and CALLISTER, * District Judge. MEMORANDUM ** Contreras appeals from the sentence imposed by the district court following his plea of guilty to the crime of conspiracy to possess phencyclidine. We vacate the sentence and remand for new sentencing proceedings. * The record shows that the district court concluded that Contreras was a career offender based on the recommendation and the "conclusions and analyses" in the presentence report. The presentence report contains the following statement: Career Offender Adjustment: As shown in Part B, the criminal history section of this report, CONTRERAS was convicted of assault with a deadly weapon…

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