United States v. Jaime Huerta

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jaime HUERTA, Defendant-Appellant. No. 94-30157. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1995. * Decided Jan. 22, 1996. 1 Before: D.W. NELSON and NOONAN, Circuit Judges; TANNER, District Judge ** . 2 MEMORANDUM *** 3 Jaime Huerta (Jaime) appeals his five concurrent sentences of 168 months in prison for his convictions of conspiracy to distribute illegal drugs, distribution of illegal drugs, and three counts of the use of a communication facility to further a drug conspiracy. The sentence was based on a finding of a quantity of drug sufficient for a base offense level of 30 and a three-level enhancement for being a manager or supervisor in the drug conspiracy under the federal sentencing guidelines (the Guidelines). Jaime challenges both findings underlying his sentence. We vacate Jaime's sentence in part and remand for resentencing. FACTS…