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U.S. v. ROCKMAN

No. 92-4045.

993 F.2d 811 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Aaron ROCKMAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 21, 1993.

Attorney(s) appearing for the Case

Robin J. Farnsworth, Asst. Federal Public Defender, Ft. Lauderdale, FL, for defendant-appellant.

Jeffrey H. Sloman, Asst. U.S. Atty., Linda Collins Hertz, Anne M. Hayes, Miami, FL, for plaintiff-appellee.

Before HATCHETT and BLACK, Circuit Judges, and DYER, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this Sentencing Guidelines case, we hold that where a court withholds adjudication of guilt after a nolo contendere plea, the plea does not constitute a "prior sentence" under section 4A1.2(a)(1) of the Sentencing Guidelines; we also hold, however, that such a prior offense is a "diversionary disposition" under section 4A1.2(f) of the Sentencing Guidelines and is counted as a prior sentence...

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