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U.S. v. CRYER

No. 90-1258.

925 F.2d 828 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Aubrey Eugene CRYER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 26, 1991.

Attorney(s) appearing for the Case

David Gaston Luther, Jr., Hughes & Luce and Elizabeth Unger Carlyle, Dallas, Tex., (court appointed), for defendant-appellant.

Delonia Watson, Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In November of 1989, Aubrey Eugene Cryer pleaded guilty to unlawfully possessing a credit card stolen from the mail, a violation of 18 U.S.C. § 1708. Shortly after accepting his plea, the district court held a sentencing hearing, pegged Cryer's total offense level at eleven, and imposed a sentence: thirty-three months of imprisonment, to be followed by three years of supervised release. Cryer now appeals his sentence, arguing that...

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