days later, as Bivens and his brother were standing on a corner at Newhall and Lilac, a man, whom Bivens had never seen theretofore but identified at trial as Reynolds, approached and asked which of them was Todd Bivens. When neither brother responded, Reynolds pulled out a gun. After Bivens struggled with Reynolds for the gun, Bivens let go and began to run. Reynolds shot him three times, twice in the back and once in the hip.

A few minutes before Reynolds approached and shot him, Bivens had seen Reynolds across the street talking with Streater. And after Bivens was released from the hospital some months later, and was recovering from his gunshot wounds, Streater approached him and said, “I told you something was going to happen to you.he had never provided bundles of cocaine for others to sell, that he was not Streater's lieutenant, and that he had never gone to New York to purchase cocaine for either himself or Streater.

C. The Verdicts and Sentences

The jury returned verdicts of guilty against Streater on all three counts. As to Blount and Reynolds, who were charged only in the conspiracy count, the jury found Blount guilty and Reynolds not guilty.

The presentence report (“PSR”) prepared on each defendant estimated that the Streater organization had distributed approximately a half-kilogram of cocaine a week. Noting that Blount had been a participant in the conspiracy for approximately 2 1/212 years, the PSR on Blount recommended that he be held responsible for a half-kilogram of cocaine a week for 120 weeks, or