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U.S. v. HATCHETT

No. 90-8030.

923 F.2d 369 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Saxon Hugh HATCHETT, John Edward Soto, Rafael Soto, and Simon Soto, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 30, 1991.

Attorney(s) appearing for the Case

Terrence W. Kirk, Joseph A. Turner, Austin, Tex., for Hatchett.

Gary E. Zausmer (Court-appointed), Brantley R. Pringle, Jr., Austin, Tex., for John Soto.

Connie Kelly, Austin, Tex. (Court-appointed), for Rafael Soto.

David Deaderick, Tulk & Deaderick, Austin, Tex., for Simon Soto.

LeRoy M. Jahn, Mark R. Stelmach, Asst. U.S. Attys., San Antonio, Tex., for U.S.

Sidney Powell, Strasburger & Price, Dallas, Tex., for amicus curiae Judge Nowlin.

Before WISDOM, KING, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

The principal issue before us is whether the defendants' socioeconomic status was a factor in sentencing. Because we can not conclude that it was not, we VACATE the defendants' sentences and REMAND.

I.

Saxon Hatchett, John Soto, Rafael (a/k/a Ralph) Soto, and Simon Soto pleaded guilty to conspiracy to possess with intent to distribute a controlled substance(s).1 The Government's factual bases...

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