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U.S. v. ECHEVARIA

No. 92-2598.

995 F.2d 562 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos ECHEVARIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1993.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Thomas S. Berg, Asst. Federal Public Defender, Elizabeth K. Ferrell, Houston, TX, for defendant-appellant.

William C. Bryson, Mark A. Perry, Office of Sol. Gen., Washington, D.C., Paula C. Offenhauser, Asst. U.S. Atty., Ronald G. Woods, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before GOLDBERG, GARWOOD and WIENER, Circuit Judges.

ON PETITION FOR REHEARING

GOLDBERG, Circuit Judge:

The petition for rehearing is hereby granted and this opinion is substituted for the earlier opinion issued on June 2, 1993.

Carlos Echevaria pleaded guilty to possession of crack cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1). At the sentencing hearing, the district court found that Echevaria's offense occurred within one

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