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U.S. v. ALARCON

No. 00-50071.

261 F.3d 416 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Llama Edmidia ALARCON; Sergio Alarcon-Lopez; and Ruben Alarcon-Pinon, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Revised September 17, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Mike Barclay, Mary Ellen Mimi Smith (argued), Law Offices of Mike Barclay, Alpine, TX, for Llama Edmidia Alarcon.

Judy Fulmer Madewell (argued), San Antonio, TX, for Sergio Alarcon-Lopez.

Carolyn Day Thurmond (argued), Midland, TX, for Ruben Alarcon-Pinon.

Before REYNALDO G. GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Llama Edmidia Alarcon ("Llama"), Sergio Alarcon-Lopez ("Sergio"), and Ruben Alarcon-Pinon ("Ruben") (collectively "Appellants") appeal their convictions for using a minor to avoid detection of or apprehension for an offense. The Appellants also appeal the two-level offense level increase pursuant to the United State Sentencing Guidelines for using a minor to commit a crime. For the reasons stated below, we Reverse Sergio's...

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