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U.S. v. MONTES

No. 91-8370.

976 F.2d 235 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando MONTES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 8, 1992.

Attorney(s) appearing for the Case

David Reynolds (court appointed), Reynolds & Pittard, Austin, Tex., for defendant-appellant.

Ronald F. Ederer, U.S. Atty., Richard L. Durbin, Jr., Asst. U.S. Atty., San Antonio, Tex., Robert Pitman, Asst. U.S. Atty., Austin, Tex., for plaintiff-appellee.

Before BROWN, GARWOOD, and DEMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Rolando Montes (Montes) appeals his conviction and sentence of conspiracy to possess marihuana with intent to distribute it and of attempt to possess marihuana with intent to distribute it. His primary challenges on appeal are to the district court's findings concerning the relevant conduct for sentencing purposes on grounds of collateral estoppel and sufficiency of the evidence. We affirm.

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