United States v. Manuel Cantu Salinas

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Manuel Cantu SALINAS, Defendant-Appellant. No. 92-30192. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 17, 1995. Decided Aug. 3, 1995. 1 Before: FARRIS, NOONAN, and HAWKINS Circuit Judges. 2 MEMORANDUM * 3 Manuel Cantu Salinas appeals the life sentence he received after being convicted of engaging in a continuing criminal enterprise in violation of 18 U.S.C. 21 U.S.C. Sec. 848 . We affirm the sentence. PROCEEDINGS AND ANALYSIS 4 The district court based the sentence on the report of the probation officer that Salinas had been involved in the distribution of at least 231 kilos of cocaine. This information was derived from the statement made to investigators by Rex Draper that he had sold an average of 1.5 kilograms a week for Salinas over a three-year period. This statement is contrary to Draper's testimony at the trial; he testified that…