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U.S. v. GARCIA

No. 89-1499 Summary Calendar.

889 F.2d 1454 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Abram GARCIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 1989.

Attorney(s) appearing for the Case

J. Edwin Price, Price & Ogan, Lubbock, Tex. (Court-appointed), for defendant-appellant.

C. Richard Baker, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Lubbock, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Abram Garcia, Jr. pled guilty to distribution of eight ounces of cocaine and was sentenced to fifty-two months imprisonment. Garcia contends that the district court, when it took into account cocaine that was promised but undelivered, incorrectly applied the Federal Sentencing Guidelines in determining the amount of cocaine to be considered in computing his base offense level. We find no error in the application of the Sentencing Guidelines...

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