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U.S. v. VALLEJO

No. 92-7562 Summary Calendar.

2 F.3d 557 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Andy Jesus VALLEJO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 30, 1993.

Attorney(s) appearing for the Case

Chris Rand (court-appointed), Houston, TX, for defendant-appellant.

Peggy Morris Ronca, Paula C. Offenhauser, Asst. U.S. Attys., Gaynelle G. Jones, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before JOLLY, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Andy Jesus Vallejo appeals the district court's denial of his motion for a hearing on his motion to reconsider the extent of a downward departure from the federal sentencing guidelines.1 Finding no abuse of discretion in the court's refusal to hold a hearing, we affirm.

Vallejo pled guilty to one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988). Pursuant to the...

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