U.S. v. RADZIERCZ

No. 93-8043.

7 F.3d 1193 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. John David RADZIERCZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 12, 1993.


Attorney(s) appearing for the Case

Mary Stillinger, Caballero, Panetta & Ortega, El Paso, 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 SNEED, REYNALDO G. GARZA, and JOLLY, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

This case turns on the construction of section 4A1.2(e)(1) of the Federal Sentencing Guidelines. Defendant-appellant John David Radziercz escaped from prison while serving an eight year sentence for bank robbery. Upon recapture eighteen years later, appellant was in possession of three firearms. During sentencing for this offense, the prior bank robbery conviction was included in determining...

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