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U.S. v. PINEIRO

No. 03-30437.

377 F.3d 464 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco D. PINEIRO, also known as Frank Pineiro, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 2004.

Attorney(s) appearing for the Case

Camille Ann Domingue, Asst. U.S. Atty. (argued), Lafayette, LA, for Plaintiff-Appellee.

Christopher Albert Aberle (argued), Mandeville, LA, for Defendant-Appellant.

Before KING, Chief Judge, and BARKSDALE and PICKERING, Circuit Judges.

KING, Chief Judge:

In this case we are called upon to consider the impact on the federal Sentencing Guidelines of the Supreme Court's recent opinion in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Defendant Francisco D. Pineiro was convicted in the district court of violating the federal controlled-substances laws. During sentencing, the district judge followed then-uncontroversial pre-Blakely procedures and made various...

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