U.S. v. SMERTNECK

No. 91-4481.

954 F.2d 264 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James Lee SMERTNECK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 1992.


Attorney(s) appearing for the Case

Randal B. Gilbert, Lee, Gilbert & Morrison, Tyler, Tex. (Court-appointed), for defendant-appellant.

Jim Middleton, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Tyler, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM and BARKSDALE, Circuit Judges, and LITTLE, District Judge.


LITTLE, District Judge:

The crime to which the appellant entered a plea of guilty did not have a specific sentence provided in the Sentencing Guidelines. The district court sentenced according to a penalty plan applicable to a similar crime. Appellant asserts that the district court's determination of a similar offense was in error as there is another offense more fitting to the appellant's conduct and, if applied, would render a lesser penalty. We disagree and AFFIRM...

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