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U.S. v. GARCIA

No. 88-2557.

893 F.2d 250 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Gerard Gary GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1989.

Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Joe M. Romero, Jr., Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before ANDERSON and EBEL, Circuit Judges, and RUSSELL, District Judge.

EBEL, Circuit Judge.

This case requires us to consider whether the guidelines promulgated by the United States Sentencing Commission apply to violations of the Assimilative Crimes Act.1 We conclude that the sentencing guidelines apply to assimilative crimes, but that the sentence imposed may not exceed any maximum sentence and may not fall below any mandatory minimum sentence that is required...

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