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U.S. v. GONZALES

No. 01-21166.

327 F.3d 416 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique GONZALES, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 2003.

Attorney(s) appearing for the Case

Renata Ann Gowie (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

John Richard Donahue (argued), Law Office of John Donahue, Waco, TX, for Defendant-Appellant.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

At issue is whether Castillo v. United States, 530 U.S. 120, 120 S.Ct. 2090, 147 L.Ed.2d 94 (2000), applies retroactively on collateral review. We conclude that Castillo announced a new procedural rule that is not retroactive under Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). We therefore...

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