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U.S. v. GARCIA

No. 01-51150.

322 F.3d 842 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Gilbert GARCIA, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 2003.

Attorney(s) appearing for the Case

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

Adrienne Urrutia, San Antonio, TX, for Defendant-Appellee.

Before WIENER and STEWART, Circuit Judges, and RESTANI, Judge.

CARL E. STEWART, Circuit Judge:

This is an appeal from sentencing in a criminal case. The issue raised on appeal is whether U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences on each count of conviction to achieve the "total punishment" prescribed by the Guidelines. For the following reasons, we hold that § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the...

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