United States v. Antonio Espinosa-Perez

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio ESPINOSA-PEREZ, Defendant-Appellant. No. 93-30183. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Espinosa-Perez appeals his 57-month sentence under the United States Sentencing Guidelines following his guilty plea to two counts of distribution of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Espinosa-Perez contends the district court erred by finding him accountable for a kilogram of cocaine provided to an undercover police officer by a codefendant, pursuant to U.S.S.G. Sec. 1B1.3 (Relevant Conduct). We have jurisdiction under 28 U.S.C. Sec. 1291 . We reverse. 3 We review de novo a district court's interpretation and application of the Sentencing Guidelines, and uphold its factual findings unless clearly erroneous. United States…