U.S. v. GEIGER

No. 89-1429 Summary Calendar.

891 F.2d 512 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Ivory Ruth GEIGER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1989.


Attorney(s) appearing for the Case

T. Bradley Cates, Waco, Tex. (court-appointed), for defendant-appellant.

LeRoy Morgan Jahn, Philip Police, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before REAVLEY, KING and JOHNSON, Circuit Judges.


REAVLEY, Circuit Judge:

Defendant Ivory Ruth Geiger appeals a sentence imposed after she entered a guilty plea for distribution of "crack" cocaine within 1000 feet of an elementary school, in violation of 21 U.S.C. §§ 841(a)(1), 845a. While the defendant claims that the district court erred in making an upward departure from the Sentencing Guidelines ("Guidelines"), we find the sentence was within the court's discretion and affirm.

I.

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