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UNITED STATES v. MONTANEZ

No. 76-2752 Summary Calendar.

554 F.2d 696 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Virgilio Marrero MONTANEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1977.

Attorney(s) appearing for the Case

Gustavo L. Acevedo, Asst. Federal Public Defender, Laredo, Tex., Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, Mary L. Sinderson, George A. Kelt, Jr., Rene Gonzalez, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

Virgilio Montanez pled guilty to a marijuana charge, and he received a probationary sentence. While on probation he was arrested for possessing marijuana again. He again pled guilty. During the hearing to determine whether the probation should be revoked, the district judge considered the fact that Montanez had been convicted of armed robbery since the date of the probationary sentence. Montanez appeals the revocation of his probation, claiming it was...

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