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U.S. v. AUSTIN

No. 05-10239.

432 F.3d 598 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Becky Ekaete AUSTIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 2005.

Attorney(s) appearing for the Case

Marc Woodson Barta, Dallas, TX, for U.S.

Peter Christian Smythe, The Smythe Law Firm, Arlington, TX, for Austin.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

PER CURIAM:

Becky Austin appeals her sentence and presents the issue whether application of the remedial opinion in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 756-69, 160 L.Ed.2d 621 (2005), to a sentencing hearing where the underlying offense was committed pre-Booker violates ex post facto and due process principles. Finding no material difference between the instant case and United States v. Scroggins...

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