United States v. Ernesto Manuel Fonseca-Caro

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ernesto Manuel FONSECA-CARO, Defendant-Appellant. No. 91-10261. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1992. Decided July 2, 1992. Before CHOY, HUG and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Ernesto Manuel Fonseca-Caro was indicted and convicted of one count of conspiracy to possess with intent to distribute 200 pounds of marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 841(b(1)(C), and 846 and one count of using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c). He appeals his conviction and resulting sentence. We affirm his conviction, vacate his sentence, and remand to the district court for resentencing. I. FACTUAL AND PROCEDURAL BACKGROUND 3 The Drug Enforcement Agency (DEA) began to investigate Fonseca-Caro in May 1989 when Lorraine…