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U.S. v. GALLEGOS

No. 88-1878 Summary Calendar.

868 F.2d 711 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Martinez GALLEGOS and Guillermo Madrid-Mutio, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 15, 1989.

Attorney(s) appearing for the Case

Ray Velarde, El Paso, Tex. (Court-appointed), for Gallegos.

Susan Munder Urbieta, El Paso, Tex. (Court-appointed), for Madrid-Mutio.

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

Before GEE, WILLIAMS, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Manuel Martinez Gallegos and Guillermo Madrid-Mutio each pled guilty to conspiring to import more than 100 grams of heroin into the United States. See 21 U.S.C. §§ 952(a), 960(a)(1), and 963. On appeal, they challenge only their sentences. Both defendants contend that the sentencing guidelines are unconstitutional. Madrid-Mutio also contends that he was entitled to a reduction in his offense level because he...

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