U.S. v. KERESZTURY

No. 01-50909.

293 F.3d 750 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon KERESZTURY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 2002.


Attorney(s) appearing for the Case

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

C. Robert Heath, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Brandon Keresztury appeals his 70-month prison sentence for violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A), which together criminalize possession, with intent to distribute, of 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD). We conclude that Keresztury is entitled to bring this appeal and, further, that the sentencing court erred when, in determining...

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