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U.S. v. SIMPSON

No. 02-10434.

334 F.3d 453 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy SIMPSON; Paul Mills, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 16, 2003.

Attorney(s) appearing for the Case

Suzanna O. Etessam (argued), Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Federal Public Defender (argued), Fort Worth, TX, for Simpson.

Thomas Warren Lively (argued), Dallas, TX, for Mills.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellants Tommy Simpson and Paul Mills were convicted of conspiracy to manufacture, and possession with the intent to distribute, 500 grams or more of methamphetamine. On appeal, they contest the district court's six-level sentence enhancement under § 2D1.1(b)(5)(C) for causing a substantial risk of harm to the life of a minor. We are convinced that the district court erroneously applied the six-level enhancement to Paul Mills...

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