United States v. Juan Casanova, Luis Fernando Monsalve

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan CASANOVA, Luis Fernando Monsalve, Defendants/Appellants. Nos. 92-50486, 92-50487. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1993. * Decided July 30, 1993. Before GIBSON, ** HALL and KLEINFELD, Circuit Judges. 1 Memorandum *** 2 Juan Casanova and Luis Fernando Monsalve appeal their sentences resulting from their convictions of conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. We affirm Casanova's sentence, but vacate Monsalve's sentence and remand to the district court for resentencing. I. FACTS 3 Casanova and Monsalve were convicted of conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 , and possession with intent to distribute 430 kilograms of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). On October…