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U.S. v. GARZA

No. 04-10813.

429 F.3d 165 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Elena GARZA, also known as Maria Elena Villarreal-Coronado, also known as Maria Elena Elizondo; Enrique Elizondo, also known as Rickey Elizondo, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 25, 2005.

Attorney(s) appearing for the Case

William C. Brown, U.S. Dept. of Justice, Criminal Div., Washington, DC, for Plaintiff-Appellee.

Jason Douglas Hawkins, Ira Raymond Kirkendoll, Federal Public Defender, Dallas, TX, for Maria Elena Garza.

Lydia M. Brandt, The Brandt Law Firm, Richardson, TX, for Enrique Elizondo.

Before BENAVIDES, STEWART and OWEN, Circuit Judges.

PER CURIAM:

Enrique Elizondo and Maria Elena Garza appeal their convictions and sentences. We find no error in any conviction. We affirm Garza's sentence but must vacate and remand Elizondo's sentence for proceedings consistent with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Elizondo and Garza perpetrated a scheme to defraud undocumented aliens by pretending to be agents of the Immigration...

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