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U.S. v. RIVERA

No. 89-1843 Summary Calendar.

898 F.2d 442 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Elias Gomez RIVERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 1990.

Attorney(s) appearing for the Case

Charles A. Friedman (court-appointed), McCrarey & Friedman, Fort Worth, Tex., for defendant-appellant.

Randell P. Means, Asst. U.S. Atty., Marvin Collins, Fort Worth, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The defendant, Elias Gomez Rivera, pled guilty to distribution of .28 grams of heroin in violation of 21 U.S.C. § 841(a)(1) and was sentenced to 92 months of imprisonment. Rivera appeals, challenging the constitutionality of the Sentencing Guidelines and arguing that the district court improperly applied the Guidelines. We uphold the constitutionality of the Guidelines, but we vacate Rivera...

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