U.S. v. SCHMELTZER

No. 93-8210.

20 F.3d 610 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest SCHMELTZER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1994.


Attorney(s) appearing for the Case

Thomas S. Morgan, Midland, TX (Court appointed), for appellant.

Richard L. Durbin, Jr., Margaret Leachman, Asst. U.S. Attys., James H. DeAtley, U.S. Atty., San Antonio, TX, for appellee.

Before WOOD, SMITH, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Defendant-Appellant Ernest Schmeltzer seeks reversal of his conviction on constitutional grounds, and alternatively, reversal and remand of his sentence. Finding the statutes of conviction constitutional and no error in the sentence, we affirm.

I.

Upon his guilty plea Defendant Ernest Schmeltzer was convicted under 18 U.S.C. § 2252(a)(4)), of knowingly possessing three or more...

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