U.S. v. GARCIA-PILLADO

No. 89-1672 Summary Calendar.

898 F.2d 36 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Martin GARCIA-PILLADO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 26, 1990.


Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U.S. Atty., Ronald Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellant.

Chris Kelso, Federal Public Defender, El Paso, Tex., for defendant-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.


GARWOOD, Circuit Judge:

The government appeals the sentence imposed on defendant-appellee Martin Garcia-Pillado (Garcia). As the contentions urged by the government on appeal were not raised below, we conclude that, under the circumstances of this case, they have been waived, and we hence affirm.

Proceedings Below

Garcia was charged in a three-count indictment, and pleaded guilty to count two in return for the government's agreement to dismiss counts...

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