U.S. v. CANALES

No. 91-5644.

960 F.2d 1311 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Frank CANALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing and Suggestion for Rehearing July 8, 1992.


Attorney(s) appearing for the Case

Nancy B. Barohn (Court Appointed), San Antonio, Tex., for defendant-appellant.

Bill Baumann, Asst. U.S. Atty., Richard L. Durbin, Jr., Ronald F. Ederer, U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, GARWOOD, and EMILIO M. GARZA, Circuit Judges.


On Petition for Rehearing and Suggestion for Rehearing En Banc July 8, 1992.

GARWOOD, Circuit Judge:

Defendant-appellant Frank Canales (Canales) was convicted, pursuant to his guilty plea, of escaping from custody. At his sentencing hearing, Canales challenged a 1982 conviction listed as a prior offense in his Presentence Report (PSR). The district court determined that it could rely on the 1982 conviction as a prior...

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