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U.S. v. PEREZ

No. 89-8054. Summary Calendar.

915 F.2d 947 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Geraldo PEREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing November 26, 1990.

Attorney(s) appearing for the Case

L. Aron Pena (Court-appointed), Pena, McDonald, Prestia & Ornelas, Edinburg, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Gerald C. Carruth, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before KING, GARWOOD and DUHÉ, Circuit Judges.

PER CURIAM:

Appellant Martin Geraldo Perez (Perez) pleaded guilty to use of a communication facility to facilitate a drug felony in violation of 21 U.S.C. § 843. The United States Sentencing Guidelines (Guidelines) indicated a ten to sixteen month term of imprisonment. The district court departed from the Guidelines and increased Perez's sentence to thirty-six months in order to accurately reflect the seriousness of Perez's conduct. Perez claims that the district...

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