U.S. v. GALLARDO

No. 90-5521. Summary Calendar.

915 F.2d 149 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Garry David GALLARDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 14, 1990.


Attorney(s) appearing for the Case

Gary David Gallardo, El Reno, Okl., pro se.

LeRoy M. Jahn, Philip Police, Asst. U.S. Attys., Ronald F. Edere, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, SMITH, and WIENER, Circuit Judges.


PER CURIAM:

Garry David Gallardo was convicted of four counts of mailing photographs of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(1). He appeals his conviction claiming that his consecutive sentences on counts one, two, and three of the indictment violated the double jeopardy clause because only a single count was appropriate. Finding no error, we affirm.

I.

The...

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