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U.S. v. LIPSEY

No. 93-9076 Non-Argument Calendar.

40 F.3d 1200 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. David LIPSEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 27, 1994.

Attorney(s) appearing for the Case

Donald F. Samuel, Garland, Samuel & Loeb, Atlanta, GA, for appellant.

Joe D. Whitley, U.S. Atty., Leo Eugene Reichert, Amy Levin Weil and Robert P. Marcovitch, Asst. U.S. Attys., for appellee.

Before KRAVITCH, DUBINA and BARKETT, Circuit Judges.

PER CURIAM:

David Lipsey pleaded guilty to conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846. He was sentenced as a career offender to 292 months imprisonment, five years supervised release, and a $20,000 fine. On appeal, Lipsey contends that the district court erred by treating a prior state conviction as a controlled substance offense under Sentencing Guideline § 4B1.1 and by basing his sentence on too large a quantity of drugs. We AFFIRM...

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