Friday, August 02, 2013

US v. Flores, No. 12-30078 (8-2-13) (Alarcon with Gilman and Ikuta).

The 9th vacates and remands a lengthy drug sentence not because of the calculations of drug quantity sold as relevant conduct -- the error in calculation was deemed harmless -- but because the court failed to make factual findings on whether an involved codefendant was actually a minor when she became involved in the conspiracy. The defendant received a two level adjustment upwards because of a minor's involvement.


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