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U.S. v. AGUILERA-ZAPATA

No. 89-1279.

901 F.2d 1209 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto AGUILERA-ZAPATA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 9, 1990.

Attorney(s) appearing for the Case

Thomas S. Morgan (Court-appointed), Midland, Tex., for defendant-appellant.

Philip Police, LeRoy Morgan Jahn, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GARZA, GARWOOD and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Roberto Aguilera-Zapata (Aguilera) pleaded guilty to possession of over one hundred kilograms of marihuana with the intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). In this appeal, Aguilera challenges the district court's enhancement of his offense level, pursuant to section 2D1.1(b)(1) of the Sentencing Guidelines, because of a co-defendant's possession of a loaded revolver during the commission of the...

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