U.S. v. FITZHUGH

No. 91-8211 Summary Calendar.

954 F.2d 253 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Mark Lynn FITZHUGH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 1992.


Attorney(s) appearing for the Case

Walter M. Reaves, Jr., West, Tex. (court-appointed), for plaintiff-appellant.

LeRoy M. Jahn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., Mark L. Frazier, Asst. U.S. Atty., Waco, Tex., for defendant-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case concerns the issue of whether a district court may consider conduct of which the defendant was not charged and convicted in determining whether his offense is a "crime of violence" for the purposes of the career offender provision of the Sentencing Guidelines. Although we have held that such a practice was appropriate under a prior version of this provision, amendments to the Guidelines in 1989 and 1991 make clear...

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