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U.S. v. GARCIA

No. 04-40963. Summary Calendar.

416 F.3d 440 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo GARCIA, also known as Chucky, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 2005.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Joseph A. Connors, III, Law Office of Joseph A. Connors, III, McAllen, TX, for Garcia.

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Reynaldo Garcia appeals his sentence following his guilty-plea to conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(A). The district court calculated Garcia's base offense level based on relevant conduct involving 48,651.7 kilograms of marijuana. Garcia argues, inter alia, that the district court's drug quantity finding violated the Sixth Amendment...

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