No. 90-8342.

933 F.2d 278 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Bennie Ray HARDEMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 1991.

Attorney(s) appearing for the Case

Keith Kisner, Austin, Tex., (Court-appointed), for defendant-appellant.

Ronald F. Ederer, U.S. Atty., LeRoy Morgan Jahn, Mark R. Stelmach, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RONEY, and DUHÉ, Circuit Judges.

RONEY, Senior Circuit Judge:

This appeal requires an answer to two discrete arguments concerning the sentence Bennie Ray Hardeman received when he pled guilty to conspiracy to possess crack cocaine. First, as to the argument that his criminal history was improperly increased by one point for a prior Texas misdemeanor conviction for failure to maintain financial responsibility, although presenting a difficult issue of first impression in this circuit, we reverse...

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