United States v. Juan Paul Robertson, United States of America v. Juan Paul Robertson

The Supreme Court reversed our decision, reported at 15 F.3d 862 (9th Cir.1994), on the basis of its disagreement with our holding that the Government failed to prove the RICO enterprise affected interstate commerce. — U.S. -, 115 S.Ct. 1732 , 131 L.Ed.2d 714 (1995). Since the Court did not address any of the other issues in the case, we reinstate our earlier decision, except for parts I, IIIA,' IIIH, and the Conclusion. We replace those portions of the opinion with those included in this order and the accompanying unpublished memorandum.

I

OVERVIEW

Juan Paul Robertson (Robertson) appeals his jury convictions for conspiracy and possession of cocaine with intent to distribute (Counts One through Four) and RICO (Count Six). We affirm the convictions but vacate the sentences and remand for resen-tencing.

Ill

H. Sentencing under the Guidelines

We must now address the sentencing issue not previously reached.

The district court sentenced Robertson to concurrent terms totalling twenty years under pre-Guidelines law. The Government cross-appealed the sentence, contending that because Robertson’s RICO violation bridged the Guidelines’ effective date of November 1, 1987, he should…