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U.S. v. INSAULGARAT

No. 02-40917.

378 F.3d 456 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Enrique INSAULGARAT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 19, 2004.

Attorney(s) appearing for the Case

Tony Ray Roberts (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Luis Enrique Insaulgarat appeals his conviction and sentence for possession of marihuana with intent to distribute. We affirm his conviction, but vacate his sentence and remand for resentencing.

Facts and Proceedings Below

On December 13, 2001, after a jury trial, the appellant Luis Enrique Insaulgarat (Insaulgarat) was found guilty of one count of possession with intent to distribute over 100 kilograms...

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