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U.S. v. MARTIN

No. 89-1011.

893 F.2d 73 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory Allen MARTIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 11, 1990.

Attorney(s) appearing for the Case

Randell P. Means, Asst. U.S. Atty., Ft. Worth, Tex., for plaintiff-appellant.

Ernest W. Rothfelder, Ft. Worth, Tex., for defendant-appellee.

Before GOLDBERG, POLITZ, and JONES, Circuit Judges.

POLITZ, Circuit Judge:

Gregory Allen Martin was sentenced to five years probation on a plea of guilty to use of a communication facility in furtherance of a narcotics offense, 21 U.S.C. § 843(b). The government appeals, contending that Martin should have been sentenced to the statutory maximum of imprisonment for four years because he stipulated to conduct constituting a more serious offense. Finding that the district court incorrectly applied the sentencing...

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