U.S. v. GAITAN

Nos. 91-5524, 91-5613.

954 F.2d 1005 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Mario R. GAITAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rafael Leos NANEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 1992.


Attorney(s) appearing for the Case

Javier Padilla, San Antonio, Tex. (Court-appointed), for Mario R. Gaitan.

Hugo Xavier De Los Santos, San Antonio, Tex. (Court-appointed), for Rafael Leos Nanez.

LeRoy M. Jahn, Michael W. McCrum, Thomas J. McHugh, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for U.S.

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


BARKSDALE, Circuit Judge.

These consolidated appeals concern the sentencing guidelines' "career offender" enhancement, based, in part, on prior "controlled substance offenses". The issue turns on whether, in determining if a prior conviction is such an offense, its underlying facts, instead of only the offense of conviction, may be considered. Nanez also challenges not being allowed to withdraw his guilty plea. On the plea issue, we AFFIRM; for the sentences, VACATE...

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