United States Court of Appeals, Fifth Circuit.
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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