U.S. v. VILLARREAL

No. 91-2102.

960 F.2d 117 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro VILLARREAL, Jr. Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 23, 1992.


Attorney(s) appearing for the Case

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Don J. Svet, U.S. Atty., and Judith A. Patton, Asst. U.S. Atty., Las Cruces, N.M., for plaintiff-appellee.

Before LOGAN, BARRETT and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Defendant pled guilty in the United States District Court for the District of New Mexico to the charge of possession with intent to distribute less than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(D). The court found him guilty and sentenced him as a career offender under U.S.S.G. § 4B1.1, finding that (a) Defendant was at least eighteen years old at the time of the charged offense; (b) the...

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