IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40033
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE MARIO BALLESTEROS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-95-CR-102-1
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February 18, 1997
Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
Jose Mario Ballesteros appeals his guilty-plea conviction
and sentence for possession with intent to distribute marijuana,
in violation of 21 U.S.C. § 841. He argues that the district
court erred in refusing to order that his sentence run
concurrently to an undischarged term of imprisonment under
U.S.S.G. § 5G1.3(b).
The district court did not err in refusing to order that
Ballesteros’ sentence run concurrently to his undischarged term
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-40033
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of imprisonment. See United States v. Wittie, 25 F.3d 250, 260
(5th Cir. 1994), aff’d, 115 S. Ct. 2199 (1995).
AFFIRMED.