UNITED STATES v. OCHOA

No. 81-1196 Summary Calendar.

659 F.2d 547 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Ray OCHOA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

October 15, 1981.


Attorney(s) appearing for the Case

Brady Coleman, Austin, Tex., (court appointed), for defendant-appellant.

Le Roy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

The defendant Ochoa pleaded guilty to two charges of possession in 1976 of marijuana with intent to distribute it, and he was sentenced to imprisonment for two consecutive four-year terms. The sole issue raised by Ochoa's appeal is his contention that the sentencing judge, in imposing sentence, improperly took into consideration a 1975 Texas state conviction for a prior possession of marijuana, which...

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