U.S. v. RODRIGUEZ

No. 88-6020 Summary Calendar.

897 F.2d 1324 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 29, 1990.


Attorney(s) appearing for the Case

Nathan L. Bond, Tallahassee, Fla. (court-appointed), for defendant-appellant.

Kathlyn G. Snyder, Paula C. Offenhauser, Asst. U.S. Attys., Houston, Tex., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Following his plea of guilty on July 17, 1988, Ricardo Rodriguez was convicted of possessing with intent to distribute approximately three kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and 18 U.S.C. § 2. As the crime occurred on or after November 1, 1987, he was sentenced under the federal sentencing guidelines.

At the sentencing hearing the district court adopted the presentence investigation...

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