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U.S. v. BAGHERI

No. 92-5554.

999 F.2d 80 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Behroz BAGHERI, a/k/a Ben Bagheri, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1993.

Amended by Order Filed July 14, 1993.

Attorney(s) appearing for the Case

Sheryl Goldstein Holtz, Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, MD, argued (Joshua R. Treem, on brief), for defendant-appellant.

Ethan L. Bauman, Asst. U.S. Atty., Baltimore, MD, argued (Richard D. Bennett, U.S. Atty., Bonnie S. Greenberg, Asst. U.S. Atty., on brief) for plaintiff-appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

WILLIAMS, Circuit Judge:

Behroz Bagheri challenges the district court's inclusion of two Maryland sentences of "probation without entry of judgment" in the calculation of his criminal history category under the Sentencing Guidelines. Bagheri contends that Maryland law prevents courts, state or federal, from using these sentences to enhance a subsequent criminal sentence. Alternatively, Bagheri contends that the district court should have treated...

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