U.S. v. ARELLANO-ROCHA

No. 91-8047.

946 F.2d 1105 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel ARELLANO-ROCHA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1991.


Attorney(s) appearing for the Case

Richard Jewkes, Hill & Ramos, El Paso, Tex. (Court-appointed), for defendant-appellant.

LeRoy Morgan John, David Rosado, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before DAVIS and BARKSDALE, Circuit Judges, and SCHWARTZ, District Judge.


BARKSDALE, Circuit Judge:

As part of the process for determining the guidelines sentence of Manuel Arellano-Rocha, his criminal history category was increased by two points because he committed the offense (attempted escape) "while under [a] criminal justice sentence" for an earlier drug offense. U.S.S.G. § 4A1.1(d). He contends that this increase was improper, because at the time of the attempted escape, he had not been sentenced on the drug offense. We AFFIRM...

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