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UNITED STATES v. GALLEGO

No. 90-1109.

905 F.2d 482 (1990)

UNITED STATES of America, Appellee, v. Alvaro GALLEGO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Raymond E. Gillespie, Cambridge, Mass., for defendant, appellant.

Joseph M. Walker, III, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for the U.S.

Before TORRUELLA, SELYA and CYR, Circuit Judges.

SELYA, Circuit Judge.

This is a single issue sentencing appeal. Defendant-appellant Alvaro Gallego objects to the district court's fixing of a criminal history category (CHC) and the consequent effect of that choice on the applicable guideline sentencing range.

The facts are these. Shortly before the subject offense was committed, defendant pled guilty in state court to a charge of operating a motor vehicle while under the influence of alcohol, Mass.Gen.L...

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