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UNITED STATES v. KEARNEY

No. 84-1104.

750 F.2d 787 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy W. KEARNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1984.

Attorney(s) appearing for the Case

Jeffrey L. Caddell, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Yvonne E. Chotzen, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Before HUG, TANG and SCHROEDER, Circuit Judges.

TANG, Circuit Judge:

Timothy Kearney appeals a judgment of the district court affirming his sentence as a second offender for driving under the influence of intoxicating liquor. Kearney contends that he should not be sentenced under the second offender provision because the information to which he pleaded guilty did not allege his prior DUI conviction. We disagree, and affirm the judgment of the district court.

I...

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