United States v. Gabriel Jaime Jaramillo-Ochoa, United States of America v. Albaro Cano

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel Jaime JARAMILLO-OCHOA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Albaro CANO, Defendant-Appellant. Nos. 91-50619, 91-50621. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Order Withdrawing Memorandum on Grant of Rehearing September 21, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Jaramillo-Ochoa and Albaro Cano appeal their sentences under the Sentencing Guidelines following their convictions by guilty plea to conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Cano contends that in calculating his offense level, the district court improperly considered all thirty kilograms of cocaine delivered to an undercover agent, rather than the one kilogram he personally delivered. In addition, both…