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U.S. v. TOLES

No. 88-3664 Summary Calendar.

867 F.2d 222 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny McIntyre TOLES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 1989.

Attorney(s) appearing for the Case

John T. Mulvehill, Federal Public Defender, New Orleans, La., for defendant-appellant.

Robert J. Boitmann, Lawrence Benson, Asst. U.S. Attys., John P. Volz, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before REAVLEY, JONES and DUHE, Circuit Judges.

PER CURIAM:

Johnny McIntyre Toles was convicted of attempted bank robbery (18 U.S.C. § 2113(a)) on his plea of guilty. He appeals only his sentence of 51 months imprisonment, arrived at by application of the sentencing guidelines. See United States Sentencing Commission, Guidelines Manual.

His challenge to the Sentencing Commission and the guidelines promulgated by it has been resolved by the Supreme...

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