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U.S. v. VASQUEZ

No. 91-8321.

951 F.2d 636 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Arnoldo Payan VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1992.

Attorney(s) appearing for the Case

Robert V. Garcia, Jr., Odessa, Tex., for defendant-appellant.

Alia Moses Ludlum, LeRoy M. Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before POLITZ and SMITH, Circuit Judges, and FITZWATER, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

On December 13, 1990, Defendant Vasquez imported a quantity of marihuana from Mexico. Customs agents apprehended him at the border. Vasquez pleaded guilty to a violation of 21 U.S.C. § 952(a), which makes it a crime to import a controlled substance, and 21 U.S.C. § 960(a)(1), which also prohibits importation of a controlled substance.

The pre-sentence investigation report (PSI) reflected that the weight...

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