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U.S. v. HARRIS

No. 91-7971.

990 F.2d 594 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. George Ray HARRIS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 10, 1993.

Attorney(s) appearing for the Case

A. Richard Maples, Jr., Mobile, AL, for defendant-appellant.

Richard H. Loftin, U.S. Atty's Office, Mobile, AL, for plaintiff-appellee.

Before FAY and ANDERSON, Circuit Judges, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

This sentencing appeal focuses on the distinction between a court's consideration of a defendant's need for drug rehabilitation in fixing the term of imprisonment, which is not permitted by the sentencing guidelines (28 U.S.C. § 994(k) (1988)), and in fixing terms of a sentence other than incarceration, which is mandated (18 U.S.C. § 3553(a)(2)(D) (1988)).

Appellant George Ray Harris was convicted on a guilty plea of...

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