U.S. v. MORGAN

No. 01-20500.

292 F.3d 460 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew L. MORGAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 2002.


Attorney(s) appearing for the Case

Katherine L. Haden, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., George Stuart Tallichet, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Alan B. Daughtry (argued), Vinson & Elkins, Houston, TX, for Defendant-Appellant.

Before JOLLY, JONES and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

For Matthew Morgan's appeal from his guilty plea convictions for conspiracy to possess, and possession, with intent to distribute ten grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD), in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(v), 846, and 18 U.S.C. § 2, primarily at issue is whether, for sentencing purposes, the district court erred in considering...

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