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U.S. v. BATY

No. 90-1406.

931 F.2d 8 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Connie Manthei BATY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1991.

Attorney(s) appearing for the Case

Michael L. Ware, Fort Worth, Tex. (Court-appointed), for defendant-appellant.

Joe C. Eockhart, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before GARZA, POLITZ, and JONES, Circuit Judges.

POLITZ, Circuit Judge:

Concluding that Connie Manthei Baty was not under a "criminal justice sentence" within the meaning of U.S.S.G. § 4A1.1(d),1 at the time of the offense before the bar, we vacate her sentence and remand for resentencing.

Background

In October 1989 Baty was indicted for various drug offenses. She entered a plea of guilty to a charge of violating 21 U.S.C. § 843(b) by using a telephone...

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