UNITED STATES v. SMALL

No. 80-5187 Summary Calendar.

636 F.2d 126 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Barry SMALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

February 6, 1981.


Attorney(s) appearing for the Case

Terrence L. Labelle, Fort Lauderdale, Fla., for defendant, appellant.

Bruce A. Zimet, Asst. U. S. Atty., Miami, Fla., for plaintiff, appellee.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.


THOMAS A. CLARK, Circuit Judge:

Appellant, Barry Small, plead guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 and was sentenced to ten years in prison. On appeal Small contends that the sentencing judge violated appellant's due process rights when he considered the fact that appellant had been arrested on an independent charge of conspiracy to import marijuana in determining the length of appellant's sentence. We disagree and find,...

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