UNITED STATES v. GARDNER

No. 93-8533 Summary Calendar.

18 F.3d 1200 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Bernell GARDNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1994.


Attorney(s) appearing for the Case

Philip J. Lynch, John R. Carter, Asst. Federal Public Defenders, and Lucien B. Campbell, Federal Public Defender, San Antonio, TX, for defendant-appellant.

Richard L. Durbin, Jr., Joan E.T. Stearns, Asst. U.S. Attys., and James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM and DeMOSS, Circuit Judges.


POLITZ, Chief Judge:

Convicted of possession with intent to distribute crack cocaine and sentenced to prison for 262 months, Bernell Gardner appeals, challenging the validity of U.S.S.G. § 4B1.1, the career offender guideline. We affirm.

The authorities seized 24.2 grams of crack cocaine from Gardner. Under U.S.S.G. § 2D1.1 that quantity would result in an offense level of 28. Under section 4B1.1, however, because Gardner was over 18 years old and...

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