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U.S. v. GARCIA

No. 91-5684.

962 F.2d 479 (1992)

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

United States Court of Appeals, Fifth Circuit.

May 28, 1992.

Attorney(s) appearing for the Case

John R. Carter, Asst. Federal Public Defender and Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

Richard L. Durbin, Jr., LeRoy Morgan Jahn, Asst. U.S. Attys. and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before SNEED, REAVLEY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Carlos Garcia appeals only his sentence, contending that the two prior convictions relied on for his career offender enhancement constitute only one conviction, pursuant to the Sentencing Guidelines. We AFFIRM.

I.

In April 1991, Garcia pleaded guilty to distribution of heroin in violation of 21 U.S.C. § 841(a)(1). In issue at sentencing was the application of the career offender enhancement based on two prior state...

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