U.S. v. GARCIA

No. 91-2597 Summary Calendar.

954 F.2d 273 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Eleazar GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 1992.


Attorney(s) appearing for the Case

Richard E. Langlois, San Antonio, Tex., for defendant-appellant.

Jeffery A. Babcock, Paula Offenhauser, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before POLITZ, Chief Judge, KING and EMILIO M. GARZA, Circuit Judges.


KING, Circuit Judge:

Eleazar Garcia appeals his 74-month sentence following a guilty plea to a charge of possession with intent to distribute 96 pounds of marijuana. He argues that the sentence should be set aside because (1) the government cited the wrong statute in an information of prior convictions submitted in support of an enhanced sentence; and (2) the district court failed to admonish him that any challenge to previous convictions must be made before an enhanced...

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