U.S. v. IHEGWORO

No. 91-1779.

959 F.2d 26 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Ugochi IHEGWORO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 6, 1992.


Attorney(s) appearing for the Case

J. Peyton Randolph, II, Jackson, Miss. (court-appointed), for Ihegworo.

Al Jernigan, Asst. U.S. Atty., George Phillips, U.S. Atty., Jackson, Miss., for U.S.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and RAINEY, District Judge.


Rehearing and Rehearing En Banc Denied May 6, 1992.

JERRY E. SMITH, Circuit Judge:

Daniel Ihegworo was convicted of possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1). He now challenges his sentence, contending that the district court misapplied U.S.S.G. § 5K2.1, which permits an upward departure "[i]f death resulted" from the defendant's conduct. Finding no error, we affirm.

I.

On several occasions...

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