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U.S. v. MACKAY

No. 13-10521.

757 F.3d 195 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Robert A. MACKAY, also known as Fat Boy, also known as Bob Mackay, also known as Fatman, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 26, 2014.

Attorney(s) appearing for the Case

Leigha Amy Simonton , Assistant U.S. Attorney, James Wesley Hendrix , Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Robert A. Mackay, Fort Worth, pro se.

Before SMITH, WIENER, and PRADO, Circuit Judges.

EDWARD C. PRADO, Circuit Judge:

I. INTRODUCTION AND BACKGROUND

Defendant-Appellant Robert A. Mackay ("Mackay") pled guilty to conspiracy to distribute and to possession with intent to distribute marijuana-not cocaine. But the cover sheet of his presentence report ("PSR") erroneously listed his offense as conspiracy to possess with intent to distribute, and distribution of, cocaine, and so did his judgment. The clerical error had no effect on Mackay...

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