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U.S. v. MEJIAS

No. 91-4020.

47 F.3d 401 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jose MEJIAS, a/k/a Meija, Joe, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 13, 1995.

Attorney(s) appearing for the Case

Vivian C. Maye, Tampa, FL, for JP.

Kim Seavey, Tampa, FL, for RD.

Robert H. Dillinger, St. Petersburg, FL, for JM.

James C. Preston, Jr., Karla R. Spaulding, Vickie L. Johnson, Tamra Phipps, Greg Kehoe, Asst. U.S. Attys., Tampa, FL, for appellee.

Before EDMONDSON and DUBINA, Circuit Judges, and MORGAN, Senior Circuit Judge.

PER CURIAM:

Jose Mejias ("Mejias") appeals his sentences imposed for his convictions of possession with intent to distribute cocaine and possession with intent to distribute marijuana. The district court found that Mejias' prior plea of nolo contendere to a third-degree drug felony in Florida state court, where adjudication was withheld, constituted a "conviction" for purposes of a sentencing enhancement under 21 U.S.C. § 841(b)(1)(B). Because we are persuaded...

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