United States v. Philip Siotos

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Philip SIOTOS, Defendant-Appellant. No. 94-10223. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1995. Decided May 19, 1995. Appeal from the United States District Court, for the District of Hawaii, D.C. No. CR-92-01003-2-HMF; Harold M. Fong, District Judge, Presiding. D. Hawai'i REVERSED. Before: PREGERSON, KOZINSI, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Philip Siotos appeals his jury conviction and sentence under the Sentencing Guidelines for conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846 and 841(b)(1)(B). We have jurisdiction over this appeal under 28 U.S.C. Sec. 1291 . We reverse and remand. I. BACKGROUND 3 This case arises from a cocaine sale set up by an undercover police officer with the Honolulu police department, Detective Joyce Alapa. 1 Siotos was indicted along…