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U.S. v. ANDREWS

No. 03-51367.

390 F.3d 840 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. George Lawrence ANDREWS, also known as Larry Andrews, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 2004.

Attorney(s) appearing for the Case

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

Judy Fulmer Madewell (argued), Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before SMITH and GARZA, Circuit Judges, and VANCE, District Judge.

JERRY E. SMITH, Circuit Judge:

George Andrews challenges an upward departure regarding his sentence. Concluding that the district court's decision was fatally infected with antagonism toward the United States Sentencing Guidelines, we reverse and remand for resentencing by a different district judge.

I.

Andrews and his mother were indicted for offenses stemming from a scheme to defraud their elderly neighbor, Doris Carson, of over $150,000 and other...

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