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U.S. v. GARCIA

No. 89-7074 Summary Calendar.

903 F.2d 1022 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. George A. GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1990.

Attorney(s) appearing for the Case

Charles B. Frye, Lubbock, Tex., (court appointed), for defendant-appellant.

Delonia A. Watson, Asst. U.S. Atty., Dept. of Justice, Dallas, Tex., Marvin Collins, Lubbock, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant George A. Garcia (Garcia) challenges the district court's order that he serve his sentence on one count of obstruction of justice, which is subject to the United States Sentencing Guidelines (Guidelines count), consecutively to his sentence on another count of filing a false claim for a federal income tax refund, which is not subject to the Sentencing Guidelines (pre-Guidelines count). We affirm.

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