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U.S. v. MENDIOLA

No. 94-60038.

42 F.3d 259 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio MENDIOLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 29, 1994.

Attorney(s) appearing for the Case

Christopher Bacon, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, Jeffrey L. Wilde, Asst. Federal Public Defender, Brownsville, TX, for appellant.

Gaynelle Griffin Jones, U.S. Atty., Brownsville, TX, Don J. DeGabrielle, Paula C. Offenhauser, James L. Turner, Asst. U.S. Attys., Houston, TX, for appellee.

Before DAVIS, BARKSDALE and STEWART, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Sergio Mendiola appeals his sentence for escape from federal custody (halfway house in Texas), contending that Sentencing Guidelines § 2P1.1(b)(3) (prescribed offense level reduction not given if the defendant, while on escape, committed "offense punishable by a term of imprisonment of one year or more") violates equal protection, on the basis that there is no rational reason to treat persons convicted for driving while...

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