United States of America, Plaintiff-appellee, v. Loia Aifili, Defendant-appellant, 12 F.3d 1108 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 12 F.3d 1108 (9th Cir. 1993)

Argued and Submitted Nov. 3, 1993. Decided Nov. 18, 1993


Before: BROWNING, BEEZER, and TROTT, Circuit Judges

ORDER

It is clear from the record that the district court accepted the guilty plea and the plea agreement calling for the imposition of a 10 year sentence to be "calculated pursuant to Sec. 2D1.11 not Sec. 2D1.1 and Sec. 2D1.4." The sentence is vacated and the case is remanded for resentencing in accord with the plea agreement. Fed. R. Crim. P. 11(e) (1) (c), (e) (3). Chizen v. Hunter, 809 F.2d 560 (1987).