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U.S. v. CRITTENDEN

No. 02-41339.

372 F.3d 706 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell Keith CRITTENDEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 1, 2004.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

John S. GIlmore, Jr., Corpus Christi, TX, for Defendant-Appellant.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Darrell Keith Crittenden, who pleaded guilty in March 2002 to knowingly and intentionally possessing an illegal drug, with intent to distribute, appeals his sentence, primarily challenging being classified as a career offender under Sentencing Guidelines § 4B1.1. For that classification, at issue is whether Crittenden's previous Texas conviction for delivery of a simulated controlled substance qualifies under §...

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