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U.S. v. MILLER

No. 98-20340.

179 F.3d 961 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. John P. MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1999.

Attorney(s) appearing for the Case

Kenneth Jay Magidson, Paula Camille Offenhauser and Alice Ann Burns, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Paul C. Looney, Clay S. Conrad, Paul Looney & Associates, Houston, TX, for Defendant-Appellant.

Before JONES and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

CARL E. STEWART, Circuit Judge:

Before the court is an appeal from the sentence imposed upon Defendant-Appellant John P. Miller ("Miller") after his guilty-plea conviction for conspiracy to possess with the intent to distribute cocaine pursuant to 21 U.S.C. § 846 (1994). He was arrested at his place of business, Khan's Auto Repair ("Khan's"), in possession of 2.2 kilograms of cocaine after he attempted to sell cocaine to a confidential informant. Miller told...

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