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U.S. v. SANCHEZ-CORTEZ

No. 05-41130.

530 F.3d 357 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Marcelino SANCHEZ-CORTEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 2008.

Attorney(s) appearing for the Case

Mary Jane Harmon, James Lee Turner and Kathlyn Giannaula Snyder, Asst. U.S. Attys., Houston, TX, for U.S.

George W. Lang, II, Houston, TX, for Sanchez-Cortez.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

PER CURIAM:

Marcelino Sanchez-Cortez ("Sanchez") appeals the sentence imposed for his conviction of possession with intent to distribute cocaine. Sanchez asserts that the district court miscalculated his criminal history score by adding two points for a prior military court martial conviction of being absent without leave ("AWOL"). Finding no error, we AFFIRM.

I.

Sanchez pleaded guilty to possession with intent to distribute a quantity in excess...

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