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U.S. v. VASQUEZ-ZAMORA

No. 99-51182.

253 F.3d 211 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Anastacio VASQUEZ-ZAMORA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell (argued), San Antonio, TX, for Defendant-Appellant.

Before POLITZ and BARKSDALE, Circuit Judges, and FALLON, District Judge.

FALLON, District Judge:

Vasquez-Zamora appeals his sentence arguing that the district court erred in imposing an enhanced penalty based on drug quantity because the drug quantity was not alleged in the indictment. We vacate and remand for resentencing.

I.

On October 26, 1998, Border Patrol agents arrested Anastacio Vasquez-Zamora after discovering marijuana in the pickup truck he was driving. He was charged...

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