United States v. Jose Chavez-Vasquez Sergio Adan-Torrez and Felipe Almanza

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose CHAVEZ-VASQUEZ; Sergio Adan-Torrez; and Felipe Almanza, * Defendants-Appellants. Nos. 94-10239, 94-10240, 94-10241. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1995. Decided Aug. 17, 1995. Before: HUG, ALARCON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jose Chavez-Vasquez and Felipe Almanza challenge their sentences, and Sergio Adan-Torrez challenges his conviction and his sentence. Adan-Torrez and Almanza have joined in each other's arguments to the extent they are applicable. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in all respects, except that we remand to the district court to have it vacate and stay the entry of judgment and imposition of sentence on either Count 8 or Count 9 for Adan-Torrez. I. 3 Each appellant argues that 21 U.S.C. Sec. 841 (b)(1)(A)(iii) violates his constitutional rights because…