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U.S. v. CLARK

No. 98-50817.

178 F.3d 290 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Victor CLARK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 3, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, San Antonio, TX, for Defendant-Appellant.

Before JONES, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This appeal requires us to resolve whether the district court erred in determining that the two United States Marshals whose arrest Defendant-Appellant Victor Clark ("Clark") resisted were the primary "victims" of Clark's offense. The court below held that they were, which prevented "grouping," for sentencing purposes, of the two counts of his conviction. Finding no error, we affirm the judgment of the district court.

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