United States v. Luis Caceres

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luis CACERES, Defendant-Appellant. No. 90-30352. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1992. Decided Oct. 22, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Luis Caceres was convicted of conspiracy to distribute and possession with intent to distribute cocaine. The district court sentenced him to concurrent six-year terms on each count, at the low end of the sentencing range. Caceres now appeals that sentence. He argues that because he ultimately refused to sell a kilogram of cocaine to an undercover officer he should be sentenced based on the 55 grams of cocaine that he actually sold, rather than the kilogram that he attempted to sell. We find his arguments without merit and affirm the sentence. 3 Although Caceres concedes he is guilty of conspiracy, he argues that he withdrew from it…