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U.S. v. JOHNSON

No. 92-8057 Summary Calendar.

983 F.2d 33 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

On Suggestion for Rehearing April 12, 1993.

Attorney(s) appearing for the Case

John S. Broude, Gould, Broude & Nelson, Fort Worth, TX (court-appointed), for defendant-appellant.

Richard L. Durbin, Jr., Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

On Suggestion for Rehearing En Banc April 12, 1993.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Michael Anthony Johnson pled guilty to one count of distribution of cocaine within 1,000 feet of a playground, in violation of 21 U.S.C. §§ 841(a) and 860(a), and one count of unauthorized acquisition and possession of food stamps, in violation of 7 U.S.C. § 2024(b). The district court accepted the plea and sentenced Johnson to 210 months imprisonment...

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