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U.S. v. AINSWORTH

Nos. 90-8034, 90-8035 and 90-8299.

932 F.2d 358 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia Jo AINSWORTH, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. Frank GILES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 12, 1991.

Attorney(s) appearing for the Case

B. Dwight Goains, Waco, Tex. (Court appointed counsel), for defendant-appellant Cynthia Jo Ainsworth.

Cynthia J. Ainsworth, pro se.

Walter M. Reaves, Jr., West Tex. (court-appointed), for defendant-appellant Frank Giles.

Mark R. Stelmach, LeRoy Morgan Jahn, Asst. U.S. Attys., San Antonio Tex., Ronald F. Ederer, U.S. Atty., for the U.S.

Before GOLDBERG, SMITH, and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In this appeal from their sentences, the defendants challenge the district court's calculation of their criminal history level under the federal sentencing guidelines, believing that previous crimes they had committed were "informally consolidated" because the sentencing occurred at one hearing. They thus contend that the district court erred by counting the earlier crimes as separate offenses when computing their criminal history level...

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