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U.S. v. PONDER

No. 91-8374.

963 F.2d 1506 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Earl PONDER, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 26, 1992.

Attorney(s) appearing for the Case

M. Lynn Young (court appointed), Gainesville, Ga., for defendant-appellant.

William L. McKinnon, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before KRAVITCH and DUBINA, Circuit Judges, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

This appeal concerns the propriety of defendant Robert Earl Ponder, Jr.'s 38-month sentence for his two count conviction for possession of marijuana and methamphetamine with intent to distribute in violation of 21 U.S.C. § 841. At the time Ponder committed these offenses, he was incarcerated at the Gilmer County jail for violating probation. Immediately upon being incarcerated, Ponder was...

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