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U.S. v. OCANA

No. 98-41133.

204 F.3d 585 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Flora Alicia OCANA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 27, 2000.

Attorney(s) appearing for the Case

Timothy G. Hammer (argued), Paula Camille Offenhauser, Asst. U.S. Atty., Kathlyn Giannaula Snyder, Houston, TX, for Plaintiff-Appellee.

Robert J. Kuhn (argued), Kuhn, Doyle & Kuhn, Austin, TX, for Defendant-Appellant.

Before KING, Chief Judge, and POLITZ and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Flora Alicia Ocana appeals the sentence she received after pleading guilty to conspiracy to possess with intent to distribute approximately 90 kilograms of marihuana, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(c). Ocana challenges the district court's enhancement of her sentence based on post-conviction conduct. This post-conviction conduct led to an increase in Ocana's base level offense, and a sentence enhancement...

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