No. 88-5583 Summary Calendar.

868 F.2d 1412 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel OTERO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1989.

Attorney(s) appearing for the Case

R. Clark Adams, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

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

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A defendant convicted of possession of cocaine with intent to distribute appeals his 90-month sentence. After determining the applicable offense level under the Sentencing Guidelines, the district court made an upward departure on the basis of its finding that a firearm was in the defendant's possession during his commission of the offense and the cocaine was of high purity. The adjustment for firearm possession was proper, but we remand...


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