Court of Appeals for the Ninth Circuit November 3, 1994, 93-50391 (United States v. Fredrick Garcia-Cruz)

FLETCHER, Circuit Judge:

We originally decided this appeal on the briefs. Subsequently we granted the petition for rehearing. We now withdraw the memorandum disposition filed October 6, 1993 and substitute this opinion.

In this appeal, Fredrick Garcia-Cruz appeals his 41-month sentence, imposed following remand from this court for resentencing.