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U.S. v. BALLARD

No. 90-1340.

919 F.2d 255 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis BALLARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 29, 1990.

Attorney(s) appearing for the Case

David O. Bell, Oxford, Miss. (Court-appointed), for defendant-appellant.

Alfred E. Moreton, III, Asst. U.S. Atty., Robert O. Whitwell, U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Before RUBIN, SMITH and BARKSDALE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Defendant challenges the sentence imposed on him by the district court under the Federal Sentencing Guidelines. The court refused to group the two counts of auto theft to which he pled guilty and, in calculating his criminal history category, considered state misdemeanor convictions imposed subsequent to his guilty plea but previous to his federal sentencing. Because we conclude that the district court applied the Guidelines correctly...

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