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U.S. v. RICE

No. 91-5782.

43 F.3d 601 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. James Robert RICE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 26, 1995.

Attorney(s) appearing for the Case

Barbara A. Leitner, Law Offices of Miller & Shein, Atlanta, GA, for appellant.

Dexter W. Lehtinen, U.S. Atty., Linda Collins Hertz, Marc Fagelson, Thomas A. O'Malley, Asst. U.S. Attys., Miami, FL, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and HOEVELER, Senior District Judge.

BIRCH, Circuit Judge:

In this appeal, we address for the first time in our circuit whether in assessing propriety of sentence enhancement under 21 U.S.C. § 841(b)(1)(A), a sentencing court may consider the relationship between previous convictions to ascertain if they constitute a single criminal episode and thus should be counted only as one prior conviction. The district court determined that enhancement was appropriate because the previous convictions were...

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