No. 89-1642. (Summary Calendar).

896 F.2d 906 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Bennie Clarence EBERTOWSKI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Gerald H. Goldstein, Patrick T. Peranteau, San Antonio, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., San Antonio, Tex., Thomas M. Gannon, U.S. Dept. of Justice, Washington, D.C., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Convicted on a guilty plea of distribution of methamphetamine and income tax evasion Bennie Clarence Ebertowski appeals his sentence, contending that the district court used the wrong criminal history category in applying the Sentencing Guidelines. We agree, vacate Ebertowski's sentence and remand for resentencing.


Ebertowski was arrested after selling approximately...

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