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U.S. v. SURASKY

No. 91-8304.

974 F.2d 19 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. David Gregory SURASKY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 6, 1992.

Attorney(s) appearing for the Case

Julie Ann Epps, Rienzi, Miss. (Court-appointed), for defendant-appellant.

Richard L. Durbin, Diane D. Kirstein, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before VAN GRAAFEILAND, KING, and EMILIO M. GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 6, 1992.

EMILIO M. GARZA, Circuit Judge:

Defendant, David Gregory Surasky, pled guilty to possession of 1348 grams of phenylacetic acid with intent to manufacture methamphetamine, in violation of 21 U.S.C. § 841(d). At sentencing, the district court — adopting the guideline1 calculations contained in the presentence report (PSR) — sentenced Surasky to 120 months...

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