U.S. v. ROMAN

No. 90-9084.

989 F.2d 1117 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Lazaro ROMAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 1993.


Attorney(s) appearing for the Case

Hulane E. George, Milledgeville, GA (Court-appointed), for defendant-appellant.

Michael T. Solis, George F. Peterman, III, Asst. U.S. Attys., Macon, GA, Thomas M. Gannon, Joseph C. Wyderko, Appellate Section, Crim. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.


PER CURIAM:

In this case, we must decide whether U.S.S.G. § 4A1.2 gives sentencing courts the discretion to examine the constitutionality of earlier state convictions for the first time in calculating a defendant's criminal history. The answer is "no."

Appellant Lazaro Roman pled guilty to conspiring to possess cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). In Roman's presentence report (PSI), the probation officer gave...

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