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U.S. v. SMITH

No. 92-7614.

13 F.3d 860 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Sheila SMITH and Byron Vandrea Phillips, a/k/a Vincent Andrian Phillips, a/k/a Byron A. Phillips, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 28, 1994.

Attorney(s) appearing for the Case

Thomas E. Berg, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, for defendant-appellant Sheila Smith.

Thomas W. McQuage, Galveston, TX (Court-appointed), for defendants-appellants Byron Phillips.

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

Before JOHNSON, WIENER and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Defendants-Appellants Sheila Smith and Byron Vandrea Phillips were convicted by a jury of three drug offenses in connection with the sale of crack cocaine to an undercover police officer. Smith and Phillips do not appeal their convictions, but both challenge their sentences. They assert that the trial court incorrectly applied the United States Sentencing Commission Guidelines (the Guidelines)1 in calculating the...

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