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U.S. v. MARTINEZ

Nos. 91-8119, 91-8120 and 91-8121 Summary Calendars.

950 F.2d 222 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Domingo Valdez MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe CASTRO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Raul YBARRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 23, 1991.

Attorney(s) appearing for the Case

John T. Anderson, Graves, Dougherty, Hearon & Moody, Austin, Tex., (Court-appointed), for defendant-appellant Martinez.

James Chrisman Phillips, (Court-appointed), Daniel Jordan, Morehead & Johnson, (Co-Counsel), Austin, Tex., for defendant-appellant Castro.

Travis R. Phillips, Austin, Tex., (Court-appointed), for defendant-appellant Ybarra.

LeRoy M. Jahn, Robert Pitman, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for U.S.

Before JOLLY, DAVIS and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

These appeals raise issues concerning the classification of methamphetamine as a Schedule II controlled substance, the double jeopardy implications of sentencing simultaneously under 21 U.S.C. § 841(d) and § 843(b), and a district court's sentencing discretion. We affirm.

I.

Appellants were charged jointly with illegal manufacture or possession of methamphetamine. Domingo Valdez Martinez (Martinez), Guadalupe...

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