Conkins

United States v. Conkins

Bad Law
9 F.3d 1377·987 F.2d 564
United States Court of Appeals for the Ninth CircuitFebruary 18, 1993Nos. 91-10306, 91-10307, 91-10310, 91-10314, 91-10322, 91-10323 and 91-10373California4,252 words

Opinion

Lead Opinion

Pregerson, J.

Appellants were convicted of multiple counts of importation of a controlled substance, in violation of 21 U.S.C. § 952 and 18 U.S.C. § 2 , and possession of a controlled substance with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . In addition, all appellants with the exception of Linda Conldns and Robert Sandvig were convicted of conspiracy to import and distribute a controlled substance, in violation of 21 U.S.C. §§ 952 (a), 963, 841(a)(1), and 846.

Linda Conldns and Salvador Soto-Mendoza appeal their jury convictions. In addition, Alfredo Barragan, Jacqueline Fogel and Richard Farmer appeal their sentences under the Sentencing Guidelines. Alberto Bar-ragan and Robert Sandvig appeal both their convictions and sentences.

We vacate the sentences of Alberto and Alfredo Barragan, Jacqueline Fogel, and Richard Farmer and remand to the District Court for resentencing in accordance with this opinion. We affirm the convictions and sentences on all other grounds.

I. BACKGROUND

According to evidence presented by the government at trial, all appellants were involved in a conspiracy to smuggle marijuana into the United States. The conspiracy spanned…

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