U.S. v. GUAJARDO

No. 91-5508.

950 F.2d 203 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Cardenas GUAJARDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1991.


Attorney(s) appearing for the Case

John R. Carter, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

LeRoy Morgan Jahn, San Antonio, Tex. Glenn W. MacTaggart, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., for plaintiff-appellee.

Before DUHÉ, WILLIAMS and EMILIO M. GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Defendant Frank Cardenas Guajardo ("Guajardo") pled guilty to a charge of possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Since the offense occurred on August 6, 1990, the district court applied the federal sentencing guidelines in effect on that date. See United States Sentencing Commission, Guidelines Manual (1989 ed.) ("U.S.S.G."). Guajardo appeals, alleging that the district...

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