U.S. v. FISHER

No. 88-1790 Summary Calendar.

868 F.2d 128 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Leroy FISHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1989.


Attorney(s) appearing for the Case

Edward H. Hill (court-appointed), Amarillo, Tex., for defendant-appellant.

James P. Laurence, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Amarillo, Tex., for plaintiff-appellee.

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

In sentencing a defendant who pleaded guilty to transporting a stolen truck in interstate commerce, the district court imposed a sentence of five years, which was within the statutory maximum, but in excess of the sentence of 30-37 months prescribed by the Sentencing Guidelines. The district court gave as its reason for doing so the fact that the defendant's criminal history computed in accordance with the Guidelines did not adequately...

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