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UNITED STATES v. TREVINO

No. 97-10438, Summary Calendar.

131 F.3d 1140 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Javier TREVINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1997.

Attorney(s) appearing for the Case

Tanya K. Pierce, Assistant U.S. Attorney, Lubbock, TX, for Plaintiff-Appellee.

Jaime Cavazos, Cavazos & Ortiz, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Trevino, having pleaded guilty to participating in a conspiracy to distribute cocaine from 1993 through July 1996 and to a specific instance of possession with intent to distribute cocaine on May 22, 1996, contests his sentence under the Guidelines. He contends that he was erroneously given an additional criminal history point, pursuant to U.S.S.G. § 4A1.1(e), based on the court's finding that his offense was committed...

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