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U.S. v. HERNANDEZ

No. 96-10539.

116 F.3d 725 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Ramirez HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 1997.

Attorney(s) appearing for the Case

Susan B. Cowger, Christopher Philip Stokes, Assistant U.S. Attorney, David Michael Finn, Dallas, TX, for Plaintiff-Appellee.

Brantley Ross Pringle, Ft. Worth, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

PER CURIAM:

Miguel Ramirez Hernandez appeals from his resentence by the district court after vacatur of the count of his convictions for using and carrying a firearm in connection with a drug transaction. Hernandez argues that the district court had no authority, after vacating the invalid part of his sentence, to increase the remaining valid portion of the sentence.

I

Hernandez was found guilty of conspiracy to distribute and to possess with the...

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