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U.S. v. MITCHELL

No. 90-3022.

941 F.2d 690 (1991)

UNITED STATES of America, Appellee, v. Eric MITCHELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1991.

Attorney(s) appearing for the Case

Thomas J. O'Hern, Little Rock, Ark., for appellant.

Terry L. Derden, Little Rock, Ark., for appellee.

Before JOHN R. GIBSON and LOKEN, Circuit Judges, and HENLEY, Senior Circuit Judge.

LOKEN, Circuit Judge.

Eric Mitchell appeals the ninety-month sentence he received after pleading guilty to possession with intent to distribute more than five grams of cocaine base. Mitchell contends that a prior conviction for fictitious license was not "similar to [the] instant offense" under § 4A1.2(c)(1) of the Sentencing Guidelines and therefore should not have been used in determining his criminal history category for sentencing purposes. We agree and remand...

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