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U.S. v. BARRETO

No. 88-1678 Summary Calendar.

871 F.2d 511 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis BARRETO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 14, 1989.

Attorney(s) appearing for the Case

Walter M. Reaves, Jr., West, Tex., for defendant-appellant.

LeRoy Morgan Jahn, U.S. Atty., Richard L. Durbin, Jr., Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

Convicted of conspiracy to distribute cocaine, possession with intent to distribute cocaine, and distribution of cocaine, 21 U.S.C. §§ 846 and 841(a)(1), Jose Luis Barreto appeals, contending that the sentencing statute, commission, and guidelines are unconstitutional and that the trial court erred in its application of the guidelines. Finding the first challenge foreclosed by a recent Supreme Court ruling, and neither error of law...

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