United States v. Antonio Martinez, United States of America v. Alan Clark

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alan CLARK, Defendant-Appellant. Nos. 96-30043, 96-30060. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 4, 1996. Decided Sept. 19, 1996. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Defendant Antonio Martinez was indicted for and convicted of conspiracy to distribute and distribution of cocaine while defendant Alan Clark was indicted for and convicted of conspiracy to distribute cocaine. Both Martinez and Clark were originally sentenced pursuant to base offense levels calculated on the assumption they negotiated for between 15 and 50 kilograms of cocaine. Although both defendants objected, the district court failed to explain its factual findings regarding the amount of cocaine attributed to each. In light of counsel's…