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U.S. v. WARTERS

No. 89-2155. Summary Calendar.

885 F.2d 1266 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Danny R. WARTERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 29, 1989.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Marjorie A. Meyers, Houston, Tex., for defendant-appellant.

Frances H. Stacy, Asst. U.S. Atty., Paula Offenhauser, John Crews, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant Danny R. Warters (Warters) pleaded guilty to a charge of misprision of felony, 18 U.S.C. § 4, and was sentenced to three years' confinement, to be followed by a one-year term of supervised release, and a $50 special assessment. He brings this appeal, raising only challenges to his sentencing. We remand.

Facts and Proceedings Below

Warters was initially charged in a two-count indictment. Count one charged a conspiracy...

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