No. 03-21217.

394 F.3d 352 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Michelle M. VALENCIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellant.

Chris Flood (argued), Flood & Flood, Houston, TX, for Defendant-Appellee.

Before DeMOSS, DENNIS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant United States of America (the "Government") appeals the district court's dismissal of a portion of three counts of a seven-count indictment against Defendant-Appellee Michelle Valencia. The district court held a portion of § 13(a)(2) of the Commodity Exchange Act ("CEA"), 7 U.S.C. § 13(a)(2), unconstitutional as overbroad and severed the offending portion of the statute, permitting the constitutional portions as...

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