No. 97-5146 Non-Argument Calendar.

158 F.3d 1227 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Travis HORTON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 30, 1998.

Attorney(s) appearing for the Case

Il Young Choi, Miami, FL, for Defendant-Appellant.

Thomas E. Scott, U.S. Atty., Nina Stillman Mandel and Kathleen M. Salyer, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.


Appellant Travis Horton appeals his 126-month sentence for possession with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Appellant contends that the district court cited by including his prior conviction for simple assault in his criminal history calculation.

Appellant argues that his simple assault conviction is similar to convictions for disorderly conduct, disturbing the peace, hindering or failing to obey a...

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