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U.S. v. MORALES

No. 87-6163.

854 F.2d 65 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando MORALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 19, 1988.

Attorney(s) appearing for the Case

Mark A. DiCarlo, Corpus Christi (court-appointed), for defendant-appellant.

Frances H. Stacy, Asst. U.S. Atty., Henry Oncken, U.S. Atty., Appellate Div., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GARZA and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Fernando Morales appeals his conviction by a jury for possession with intent to distribute 386 pounds of marihuana, 21 U.S.C. § 841(a)(1), contending that the verdict is not supported by the evidence. He also contends that his sentence was illegally enhanced by a probated state court sentence, § 841(b)(1)(B). Finding ample evidence to support the conviction and no error in the sentencing, we affirm.

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