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U.S. v. PHILLIPS

No. 98-50062.

210 F.3d 345 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James Thomas PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Mark Howard Marshall, Asst. U.S. Atty., Austin, TX, for Plaintiff-Appellee.

James Thomas Phillips, Bastrop, TX, pro se.

Before REAVLEY, SMITH and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Federal prisoner James Thomas Phillips filed a motion under 28 U.S.C. § 2255 challenging his 1991 conviction and sentence. The district court denied his motion, and we granted him a certificate of appealability on a single issue. Having considered that issue, we vacate his sentence and remand for resentencing.

I

While conducting an unrelated investigation, Austin police discovered a Chevrolet Suburban in a motel...

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