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U.S. v. CERVERIZZO

No. 95-60336.

74 F.3d 629 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence M. CERVERIZZO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 29, 1996.

Attorney(s) appearing for the Case

Victoria May, Richard Terrell Starrett, Alfred B. Jernigan, Jr., Asst. U.S. Attys., Office of the U.S. Atty., Jackson, MS, for plaintiff-appellee.

Keith E. Golden, Golden and Meizlish, Columbus, OH, for defendant-appellant.

Before KING, DAVIS and BARKSDALE, Circuit Judges.

PER CURIAM:

Lawrence M. Cerverizzo appeals the sentence given him after he pleaded guilty to one count of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). Cerverizzo appeals on two grounds: first, that, in determining his criminal history category, the district court improperly included a prior conviction which was subject to expunction; and second, that the government violated its plea agreement by failing to make a motion...

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