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U.S. v. CRUZ

No. 88-6171 Summary Calendar.

882 F.2d 922 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Louis CRUZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1989.

Attorney(s) appearing for the Case

Bobby Flores (Court Appointed), McAllen, Tex., for defendant-appellant.

Louis Cruz, Corpus Christi, Tex., pro se.

Paula Offenhauser, Kathlyn Giannaula, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Louis Cruz pled guilty to possession of approximately 3 kilograms of marihuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D), and was sentenced to a 51-month prison term. On appeal, he challenges only his sentence. He contends that the district court misapplied the sentencing guidelines, see 18 U.S.C. § 3553(a), by finding that he was a "career offender" under Guideline...

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