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U.S. v. HUSKEY

No. 97-50564.

137 F.3d 283 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Terry S. HUSKEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 17, 1998.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., H. Charles Strauss, San Antonmio, TX, for Plaintiff-Appellee.

Carl Cornwell, Overland Park, KS, for Huskey.

Before REYNALDO G. GARZA, DUHÉ and STEWART, Circuit Judges.

DUHÉ, Circuit Judge:

Defendant-Appellant Terry Huskey ("Huskey") appeals the district court's calculation of his sentence. For the reasons that follow, we find that the district court did not commit clear error in assessing the amount of marijuana attributable to Huskey. But, because we find that the district court erroneously calculated Huskey's criminal history score, we must remand for resentencing.

BACKGROUND

Huskey pled guilty to conspiracy...

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