U.S. v. LIGHTBOURN

No. 96-50658.

115 F.3d 291 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos LIGHTBOURN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 1997.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Margaret Feuille Leachman, San Antonio, TX, for plaintiff-appellee.

Robert J. Perez, El Paso, TX, for defendant-appellant.

Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Carlos Lightbourn pled guilty to conspiracy to possess marijuana with intent to distribute. He was sentenced as a career offender to a 200-month term of imprisonment and a five-year term of supervised release. Lightbourn appeals his sentence. He argues that he was erroneously sentenced as a career offender, contrary to our holding in United States v. Bellazerius, 24 F.3d 698 (5th

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