U.S. v. GARCIA

No. 94-5028.

42 F.3d 573 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Jesus GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 1994.


Attorney(s) appearing for the Case

Gordon B. Cecil, (Stephen C. Lewis, U.S. Atty., and James L. Swartz, Asst. U.S. Atty., with him on the brief), Tulsa, OK, for plaintiff-appellee.

Jeffrey D. Fischer, Tulsa, OK, for defendant-appellant.

Before SEYMOUR, Chief Judge, MOORE and HENRY, Circuit Judges.


HENRY, Circuit Judge.

Defendant Carlos Jesus Garcia appeals the district court's enhancement of his sentence under the career offender provisions of the United States Sentencing Guidelines (USSG). For the reasons set forth below, we affirm the district court's ruling that Mr. Garcia cannot collaterally attack a predicate conviction under USSG § 4B1.1 in a federal sentencing proceeding.

I. BACKGROUND

The relevant facts in this case are not in...

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