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U.S. v. WISE

No. 05-10195.

447 F.3d 440 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Richard WISE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 2006.

Attorney(s) appearing for the Case

Steven M. Sucsy, Asst. U.S. Atty. (argued), Lubbock, TX, for Plaintiff-Appellee.

Jerry V. Beard, Asst. Federal Public Defender (argued), Lubbock, TX, for Defendant-Appellant.

Before KING, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:

Defendant-appellant Eric Richard Wise appeals his judgment of conviction and sentence, arguing that the district court erred by refusing to group his counts of conviction pursuant to U.S. SENTENCING GUIDELINES MANUAL § 3D1.2 (2002) [hereinafter U.S.S.G.]. For the following reasons, we AFFIRM the judgment of conviction and sentence as imposed by the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

Beginning in 2002, defendant...

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