Clarine

United States v. Clarine

Good Law
138 F. App'x 940
United States Court of Appeals for the Ninth CircuitJuly 7, 2005Nos. 03-30168, 03-30292, 03-30293, 03-30212, 03-30169California1,823 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants Geoffrey Clarine (“Clarine”), Elsa Arenas (“Arenas”), and Jabin Whit-low (“Whitlow”) appeal their convictions and sentences. Appellee (the “Government”) cross-appeals the District Court’s dismissal of the conspiracy charge against Clarine.

*942 Clarine contends that the District Court erred by (1) failing to dismiss the 18 U.S.C. § 924 (c) firearm count against him after dismissing the underlying conspiracy count against him and (2) sentencing him to an extra twelve months imprisonment without the benefit of a jury finding of specific facts which would justify an upward departure.

Arenas contends that the District Court erred by (1) denying her motion to dismiss Count I of the Superseding Indictment against her, (2) refusing to admit evidence that she was acting under duress, (8) applying a firearm enhancement to her sentence and denying her request for a sentence reduction for minimal role in the offense, and (4) computing her base offense level by including drug transactions that she could not have reasonably foreseen.

Whitlow contends that the District Court erred by (1) denying his motion to dismiss Count I of the Superseding Indictment against him…

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