U.S. v. MENDOZA-FIGUEROA

No. 93-2867.

28 F.3d 766 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria MENDOZA-FIGUEROA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1994.

Rehearing and Suggestion for Rehearing Granted; Opinion and Judgment Vacated September 2, 1994.


Attorney(s) appearing for the Case

James M. Kelley, Lincoln, NE, argued, for appellant.

Janice Marie Lipovsky, Lincoln, NE, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BARTLETT, District Judge.


Rehearing and Suggestion for Rehearing En Banc Granted; Opinion and Judgment Vacated September 2, 1994.

JOHN R. GIBSON, Senior Circuit Judge.

Jose Maria Mendoza-Figueroa appeals the district court's sentencing of him as a career offender under section 4B1.1 of the United States Sentencing Guidelines. We conclude that the Sentencing Commission extended the definition of a career offender in promulgating sections 4B1.1 and 4B1.2 to include conspiracy. In doing...

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