IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40191
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANLIO FIORE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-73-2
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October 22, 1997
Before POLITZ, Chief Judge, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Manlio Fiore pleaded guilty to possession with intent to
distribute heroin. He appeals his sentence, contending that the
district erred by: (1) failing to admonish him that sentencing
discretion would be limited by the application of the Sentencing
Guidelines, (2) finding him to be a career offender without
giving prior notice of that enhancement, (3) failing to admonish
him that he faced punishment as a career offender, (4) overruling
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No.97-40191
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his objection to the career-offender enhancement, (5) treating
the prior convictions as related, and (6) failing to comply with
21 U.S.C. § 851.
The record belies the contention that the district court
failed to admonish Fiore that sentencing discretion would be
limited by the application of the Sentencing Guidelines. The
contention that the district court failed to comply with 21
U.S.C. § 851 likewise is meritless. Section 851 does not apply to
a defendant whose sentence is enhanced under the sentencing
guidelines——in this case, pursuant to the career offender
provisions of U.S.S.G. § 4B1.1 —— provided the enhanced sentence
is within the statutory range, as is the case at bar. See United
States v. Marshall, 910 F.2d 1241 (5th Cir. 1990).
A career offender is defined as one who is at least 18 years
old at the time of the instant offense; the instant offense is a
felony and involves either violence or a controlled substance
offense; and the defendant has at least two prior felony
convictions involving either a crime of violence or a controlled
substance. U.S.S.G. § 4B1.1. Fiore comes within this
definition.
Fiore’s sentence was not imposed in violation of the law, is
not the result of a misapplication of the Sentencing Guidelines,
and is not plainly unreasonable. United States v. DiMarco, 46
F.3d 476 (5th Cir. 1995). AFFIRMED.