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US v. Contreras, No. 08-50126

By FindLaw Staff on September 17, 2009 5:31 PM

Defendant's drug conspiracy sentence is reversed where the district court erred by applying an enhancement for abuse of trust, because defendant's position as a prison cook did not involve any "professional or managerial discretion."

Read US v. Contreras, No. 08-50126

Appellate Information

Argued and Submitted November 19, 2008

Filed September 17, 2009

Judges

Opinion by Judge Tashima

Counsel

For Appellant:

Thomas W. Kielty, Los Angeles, CA

For Appellee:

Michael Jay Stern, Assistant U.S. Attorney, Los Angeles, CA

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