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U.S. v. HENRY

No. 95-20651.

113 F.3d 37 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus Damone HENRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 8, 1997.

Attorney(s) appearing for the Case

Michael Taylor Shelby, Paula Camill Offenhauser, Assistant U.S. Attorney, Kathlyn Giannaula Snyder, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Dola J. Young, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and REAVLEY and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The issues presented are whether the district court, in accepting defendant's pleas of guilty to conspiracy to possess more than 50 grams of cocaine base with intent to distribute and possession of cocaine with intent to distribute, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 846 and 18 U.S.C. § 2, varied from the procedures required by Federal Rule of Criminal Procedure 11, and if so, whether the variance affected the substantial rights...

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