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U.S. v. WALDROOP

No. 04-6308.

431 F.3d 736 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Garland Lee WALDROOP II, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 19, 2005.

Attorney(s) appearing for the Case

Robert G. McCampbell, United States Attorney (Susan Dickerson Cox, Assistant United States Attorney with him on the brief), U.S. Attorney's Office, Oklahoma City, OK, for the Plaintiff-Appellee.

Gerald L. Hilsher, Boone, Smith, Davis, Hurts & Dickman, Tulsa, OK, for the Defendant-Appellant.

Before LUCERO, ANDERSON, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Garland Lee Waldroop II, having been convicted of bank fraud and conspiracy to commit bank fraud, appeals his convictions on the basis of insufficient evidence. He also argues that his sentence was impermissibly enhanced based on judge-found facts in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) and that, when enhancing his sentence based on the amount of losses...

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