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UNITED STATES v. HARRY

No. 88-1743 Summary Calendar.

874 F.2d 248 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. David Wayne HARRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 18, 1989.

Attorney(s) appearing for the Case

Brenda Grantland, Washington, D.C., court appointed, 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.

PER CURIAM:

Appellant David Wayne Harry pleaded guilty to one count of transporting a firearm with an obliterated serial number, 18 U.S.C. § 922(k), and was sentenced to a term of four months imprisonment. The sentence was suspended, however, and Harry was placed on probation for a period of five years. Harry appeals.

Harry does not contest his underlying conviction, but challenges the manner in which the sentencing...

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