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U.S. v. THOMAS

No. 88-5585 Summary Calendar.

870 F.2d 174 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Melody THOMAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1989.

Attorney(s) appearing for the Case

R. Clark Adams, Asst. Federal Public Defender and Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty. and Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

After a full trial, a jury found Melody Thomas guilty of conspiring to possess cocaine with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846, and of the use of a federal communication facility, a telephone, to commit a felony, 21 U.S.C. § 843(b). On appeal, she challenges only her sentence. She contends that the sentencing guidelines are unconstitutional; that she was entitled to a reduction...

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