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U.S. v. FLANAGAN

No. 95-31247 Summary Calendar.

87 F.3d 121 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Terrance Merrill FLANAGAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 1996.

Attorney(s) appearing for the Case

Josette Louise Cassiere, Assistant U.S. Attorney, Office of the United States Attorney, Shreveport, LA, for plaintiff-appellee.

Lester J. Gauthier, Jr., Lafayette, LA, for defendant-appellant.

Before GARWOOD, WIENER and PARKER, Circuit Judges.

PER CURIAM:

Defendant-Appellant Terrance Merrill Flanagan appeals the sentence imposed by the district court following Flanagan's conviction on a plea of guilty for possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). In challenging his sentence, Flanagan asserts error by the district court in (1) basing his sentence on penalties for cocaine base instead of powder cocaine and in relation thereto in refusing...

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