UNITED STATES v. ORELLANES

No. 86-5179.

809 F.2d 1526 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Reinaldo ORELLANES, a/k/a Reinaldo Orellana, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 17, 1987.


Attorney(s) appearing for the Case

James S. Mattson, Key Largo, Fla., for defendant-appellant.

Leon B. Kellner, U.S. Atty., Myra D. Lichter, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.


HATCHETT, Circuit Judge:

We affirm the district court's ruling that one who pleads guilty in a Florida state court and has imposition of sentence with-held, may nevertheless be held to have been "convicted" for purposes of applying federal criminal statutes which punish certain conduct following conviction of a felony.

FACTS

On July 28, 1981, Reinaldo Orellanes, the appellant, entered a negotiated plea of guilty of two felonies, possession of marijuana...

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