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U.S. v. SALTER

No. 99-40245.

241 F.3d 392 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Randy D. SALTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 2, 2001.

Attorney(s) appearing for the Case

Timothy G. Hammer (argued), Corpus Christi, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Edwin Armistead Easterby (argued), Looper, Reed & McGraw, Houston, TX, for Defendant-Appellant.

Before POLITZ, SMITH and PARKER, Circuit Judges.

POLITZ, Circuit Judge:

Randy D. Salter appeals his two concurrent sentences of 130 months for money laundering and conspiracy to possess with intent to distribute more than 100 kg of marihuana. Concluding that the district court erred in not grouping these two counts under U.S.S.G. § 3D1.2 and not combining Salter's prior conviction for tax evasion with his prior federal conviction for drug trafficking under § 4A1.2, we vacate the sentence and remand for...

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